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19700804 City Council Minutes• Y033 in cost of the box culvert at Hall Creek Crossing of 2260'be approved and the City Clerk be authorized to issue warrants against the 1967 Water -Sewer Revenue Bond Issue in payment of these bills. Motion carried. It was moved by Councilman Haines, seconded:'.by Councilman Nordquist that vouchers #10,975 through #119151 in the total amount of $200,'987.28'be approved and the City Clerk be authorized to issue warrants in payment of these regular monthly bills. Motion carried. AUDIENCE PARTICIPATION Bill Caspers inquired about the PUD on underground wiring and asked if they had re- ported to the City on estimated costs. Although no firm figures has as yet been received, CAO Lawson reported that he had been informed that the PUD did have a rough draft now on the information they would be sending to the City. Councilman Sanborn suggested that the City Engineer contact the PUD for firm figures immediately. COUNCIL PARTICIPATION Councilman Haines asked for a report on the amount of work accomplished on repair and maintenance of the City streets, and Ron Whaley will have this ready for the next council meeting.. Councilman Nelson asked (1) that the City extend a continued thanks to the young people who had conducted the clean-up of Sunset Beach and are continuing with this project;; (2) asked that the CAO put together an annual report to be sent to all citizens with their water bills; and (3) that in regard to the retirement funds under Social Security, the City Attorney be instructed to issue a formal written • report on the pros and cons of stopping the deduction of Social Security tax from Fire and Police wages, and its effect, if.any, on the entire city position as regards the Employment Security Dept. Councilman Nelson also asked where the city now stood on the Meadowdale Cor;munity Club proposal. Councilman Haines said he had received no comment -on the offer as yet. CLAIMS FOR DAMAGES Claims for damages were acknowledged from Donald P: Lawson, Clarence Edward Bowman, Sr., and James S. Shilson. These were referred to the City Clerk for processing. ORDINANCE AUTHORIZING CONDEMNATION ON 9b - MAIN TO WESTGATE - A motion was made by Councilman Haines, seconded by Councilman Nelson that proposed. Ordinance #1490.be passed, authorizing proceeding with condemnation action for R/W acquisition needed to complete the street improvement on 9b Avenue from Main to Westgate. Motion carried. Margaret Kenny had a question on conflicting surveys on 9b S. Several people in the audience expressed concern for what they alleged was.the city's policy of offering rockery if land is donated and no rockery if it must be condemned for refusal to accept the city's offer of.purchase. One.gentleman complained about the methods he said were used on property owners, but he refused'whe.n asked to give his name and address for the record; however, he stated he would send a signed letter instead., AUTHORIZATION FOR UTILITY DESIGN WORK ON SR 104 A motion was made by Councilman Tuson, seconded by Councilman Nelson that the Mayor • be authorized to execute an agreement for utility design work on SR 104 by the Con- sulting Engineers. Motion carried. EXTENSION OF RETIREMENT DATE FOR D. C. LAWSON It was moved by Councilman Sanborn, seconded by Councilman Tuson that the city ex- tend the retirement date ooff¢h�If oVnV11e strative Officer D. C. Lawson from Sept. 19 1970 to the expiration date o he.,present Mayor, December 319 1971. Motion carried . FUEL OIL BIDS A motion was made by Councilman Tuson, seconded by Councilman Nelson that July 319 1970 be set as the date for opening bids on supplying the City with fuel oil from August 19 1970 to July 1, 1971- Motion carried. 0 There was no further business, and the meeting was adjourned at 11:35 P.M. 1_altyte a," Ao.�� Irene Varney Moran, City Clerk Aug 4, 1970 ROLL CALL H. Harrison, Mayor Regular meeting was called to order by Mayor Harve Harrison with all councilmen present except Nordquist, who is on.vacation. 1U4 APPROVAL OF MINUTES \J Minutes of the meeting of July 21 had been posted and mailed, and with no omissions nor corrections, they were approved as written. HEARING:. -ON PLANNING COMMISSION RESOLUTION; #333 P C Hearing was held on Planning Commission Resolution #333, recommending an amendment to the official zoning ordinance revising the development standards for apartments and duplexes, in accordance with Blanning Commission File No. ZO-2-70. City Planner Merlin Logan gave a brief description of the changes proposed by this resolution, and added that there was evidence that the eouncil.needed additional time to go over the details. He suggested postponing action for this reason. Mayor Harrison and council agreed that more time was needed to study this,,but the hearing would nevertheless be held. Hearing was opened. Lloyd Nelson, 824 Olympic Avenue, asked what was the purpose for the proposed change in igaximum overall height on the multi -units. He wondered if the intent was to keep all these apartments flat roofed buildingo, An architect in the audience..stated that this height would restrict plans on multi-init buildings, especially on a sloped lot. The City Planner explained that there was no intent for flat roofs, only an attempt to limit these buildings to three stories instead of four. Some discussion followed on these related subjects, and with no one else in the audience wishing to comment, the hearing was closed. A motion was made by Councilman Slye, seconded by Councilman Kincaid -that this hear- ing to continued to September 15. Motion carried. HEARING: ON PRELIMINARY ASSESSMENT ROLL -RESOLUTION OF.INTENTION #233 Hearing was held on the preliminary assessment roll for Resolution of Intention #2339 UAB paving of 84b W. between 212ft SW and the south city limits. Dick Allen, Assis- tant City Engineer, explained the UAB project, the contribution of 90%, leaving the 10% chargeable to the LID, and also gave an explanation of the zone and termini method of assessment for benefit of the audience. Hearing was then opened. Jim Mueller asked the proposed width of the bridge„ and was answered 32 feet. The question was asked why the property owners at the end of the culdesac are not being assessed, although they will use the improved street just as much as those who live at the entrance to the culdesac, who are within, the assessment boundaries. This was admitted to be an inequity in the state law, and that no system would be perfect, but that this one, over the years, had been found to be the best method for assess- ment. Jim Mueller agreed that there was a gross inequity for people living in cul- desacs, since it appeared that all received an equal benefit. Attorney Murphy, when questioned, stated that although the zone and termini system is,. arbitrary, no system would be perfect; that other systems have been tried by municipalities but they usually return to the zone and termini method with its occasional inequities. Councilman Kincaid felt that council should perhaps take a look at LID's involving culdesacs in the future. Councilman Haines also noted that benefits do not stop for those living over 150 feet back into the culdesac; they use the street as much as the other culdesac property owners. Jerry Deanne, 22615 - 100% W., asked who made the decision that a block in Edmonds was 1601? R. C. Strand, 8415 - 214m Pi. SW, stated that he owned the house next to the corner inside the culdesac, and only the two corner houses and the second property from the corner on each side of the cul- desac were being assessed, and. he felt these charges should be divided among all the 14 remaining lots in the culdesac. No one else in the audience had further comment, and the hearing was closed. It was moved by Councilman Slye, seconded by Councilman Kincaid that proposed Ordinance #1491 be passed, creating LID #182. Motion carried. SECOND READING: PROPOSED RESOLUTION FOR INSTITUTING OPTIONAL MUNICIPAL CODE Second reading was given on :.the proposed resolution for instituting the Optional Municipal Code. It was then moved by Councilman Nelson, seconded by Councilman Haines that proposed Resolution #229 be passed, declaring the intention of the City Council to adopt the classification of noncharter code city, without reorganization, to be governed by the provisions of Chapter 35A.12 of the Revised Code of Washingtox under the Mayor -Council plan of government for the City of Edmonds. Motion earri6d. CASH PREPAYMENT ORDINANCE - LID #173 , The City Attorney presented the cash prepayment ordinance for LID #173, sewers for the petitioned portion of Unit 7. It was moved by Councilman Skye, seconded by Councilman Tuson that proposed Ordinance #1492 be passed, cash prepayment expiration on LID #173. Motion carried with Councilman Haines abstaining' because of family ownership of property in area. - CORRESPONDENCE A letter was read from Dr. Edward L. Kahm, calling attention to the unequal condition which he felt exists on utility charges for apartment houses as compared to private homes during times of vacancy. He suggested that the meter readers might check with the apartment owners on the number of vacancies. Discussion followed, relative to water connection charges, rates, etc. It was pointed out that the volume of water used placed apartments into a lower rate after the minimum 700 cubic feet is con- sumed, as well as that in many cases, installation of larger water mains in a parti- cular area was necessitated by the building of multiple units which required this n • C • 1 0 service whereas single units would not. The original charge for the water meter was also discussed. Wherein single dwellings each must purchase one meter. While apart- ment houses also purchase only one, making the per unit aDst to each apartment equitable:. The apartment house.in question has 37 units. The $2.00 charge for each turn-off and turn -on was also noted. Dr': Kahm, in the audience, stated he felt that since there is no charge when a house is vacant, the apartments should be treated the same. However, council thought the reasoning behind the several differences made the Charges equitable, and policing of vacant apartments for- utility charge purposes would be expensive and difficult to accomplish. A motion was made be Councilman Kincaid, seconded by Councilman Sanborn that the city not change its present policy regarding utility charges, and the motion carried. AUDIENCE PARTICIPATION Mr. & Mrs. Bill Lindell, 9615 Blake Place, inquired about the walkways for the Olympic.School which they as PTA members,: with the City of Edmonds represented by Councilman Nelson, and the School Administration were to be working on as a joint project for, a solution to the problem. Councilman Tuson brought to council attention the recent newspaper item on the proposed improvement of Casper by the state, and Mayor Harrision asked Assistant City Engineer Dick Allen to have the engineering dept# obtain the plan for Casper Street, if available, from the State. It was noted that the City had given a map to the School District for their help in mapping the areas where the walkways would be needed, but that this had not been returned. Much dis- cussion followed, with a motion made be Councilman Sanborn, seconded by Councilman Kincaid that the City Engineer gather the cost figures for this project of walkways for the Olympic School as soon as possible. Motion carried., • Ed Robinson, 19815 - 881 W., stated that the PRIDE organization recognized this matter of school walkways last September and asked the council to study the problem for all the schools, and this had been referred to the Safety Committee. He added that at that time, PRIDE had offered help as needed.. Jim Mueller, Casper Street, took offense to statements he said had been made by some councilmen that implied that property owners voted down LIDS, so did not favor sidewalks. Mr. Mueller stated thAt people vote down street LID's because of the width - they do not want such wide streets - but people do not vote down sidewalks. Ed Robinson offered the help of both PRIDE and other citi 2ens on establishing walk- ways; that they could contribute manpower for handwork where city equipment cannot get in; and asked .that they Be notified when they. can be of service. Ron Whaley; Assistant Director of, Public Works, stated that the Engineering Dept. had recently given Public Works one walkway route,and this will be done shortly with salvaged material. He added that the Public Works Dept. would be happy to use the services of both PRIDE and the members of the PTA. He offered a city man to work a land -clearing vehicle if some would underwrite the cost of leasing this equipment. Jim Mueller suggested that a committee made up of the City Engineer, Councilman Nelson, the Public Works Director, and a representative from both the Olympic School PTA and from PRIDE get together to assemble the facts before the next council work meeting on Tuesday. -August 11 for a report to the council at that time. Mrs. Lindell volunteered her services as representative from the Olympic School PTA. Mayor Harrison then set a meeting of this aforementioned committee for Monday, August 10 at 3:00 P.M. in the conference room of the Civic Center Annex Building. Charles Heath, in the audience, complained to council about a summons he had received • for condemnation action on his property in connection with taking of R/W for the 90 Avenue paving. He stated that receiving this summons was the first notice he had of positive action being taken. He was critical of the approach used and asked for formal withdrawal of the condemnation ordinance by council. Mr. Jerry Deanne, who also had received a summons for a slope easement, was critical of a four lane highway being planned for 91. Attorney Bill Wiggins, who said he represented some of the property owners, stated that some of those property owners who received a.summons were outside city limits. Kent Pierson inquired if anyone had been offered money or rockeries in writing. It was explained that negotiations took place on an oral basis, and when an agreement was reached by both parties, a written document was then drawn for signatures. Several people in the audience complained of the methods used to obtain R/W. Councilman Sanborn explained the.attorney's position in condemnation proceedings, and thought perhaps something in the form of a written offer could be made for boundary lines. Mayor Harrison suggested that the CAO, City Attorney and Mayor discuss with the consulting engineers the problem of the acquisition of R/W. COUNCIL PARTICIPATION Councilman Sanborn expressed the council's appreciation for the fine job done by Mayor Harrison in representing the city's position.against oil: -drilling on Puget Sound when he attended the hearing held by Land Commissioner Cole in Everett. Councilman Kincaid brought to council attention the fact that the property located across from,the Civic Center on 5m Avenue has come down in price., if the city was interested. E CLAIMS FOR DAMAGES Claims for damages were acknowledged from Bernard G. Jefferies and from Clifford F. Randall, Sr. These, were referred to the City Clerk for processing. REPORT ON BIDS - LID #181 Bids had been opened on July 30 at 2:00 PtM. in the Mayor's office for the construc- tion on LID #181. UAB paving of Walnut between 7m and 9tb. Present at bid opening were the City Clerk, City Engineer, Wayne Jones -and Ken Thompson from Reid, Middle- ton & Associates, Inc., and several representatives from bidding companies. Bids were;: SCHEDULE I SCHEDULE II TOTAL BID Universal Utility Contractors, Inc. $ 75,760.00 $3,660.00 $ 79,420.00 Ben Holt Construction, d/b/a. Lynnwood Construction Co. 799657.00 59092.50 849749.50 Tri—State Construction 889209.00 5090.00 939599.00 Doolittle Construction 91 095.00 49930.00 969825.00 It was the recommendation of the Engineers that the low bid be 4ccepted, and a motion was made by Councilman Slye, seconded by Councilman Kincaid that the low bid of Universal Utility Contractors, Inc. in the amount of $79*420.00 be accepted for the work on LID #181 and the Mayor be authorized to enter into contract with them. Motion carried. REPORT ON BIDS - FUEL OIL REQUIREMENTS Bids had been opened on July 31 at 2:00 in the Mayor's office for supplying the City with its fuel oil requirements from August 1, 1970 to July 1, 1971. Present at bid opening were the City Clerk, Chief Administrative Officer, Councilman A. L. Kincaid, and a representative from Standard Oil Company. There was one bid,;; Sound Oil Company .1225 firm for the period. The 1969 bid was -1150 per gallon. It was the recommendation of the CAO that the bid be accepted, and a motion was made by Councilman Slye, seconded by Councilman Sanborn that the bid of Sound Oil Company for supplying the city with its fuel oil requirements from August 1, 1970 to July 1, 1971 at the firm price of .1225 be accepted and the Mayor be authorized to enter into contract with them. Motion carried with Councilman Kincaid abstaining. REPORT ON PUBLIC WORKS BY RON WHALEY Ron Whaley, Assistant Director of Public Works, read a brief report on the mainten- ance and repair being carried on by the Street Department. He cited the change in policy on oiling and seal coat applications on some streets, resulting in a saving on grading problems after the first year on these particular areas. Given the funds and policy to work with, he concluded that a good job can be done by the street crews. PROPOSED ORDINANCE SUPPLEMENTING FIRE PREVENTION CODE f] 1 • 1 In regard to the proposed ordinanc.ee supplementing the fire prevention code, Fire Chief Cooper stated that he preferred to defer action to a future meeting since the • new code has been received in the last few days, and this would have to be studied to determine any changes before adoption. Mayor Harrison then read a letter from T. P. Chittenden regarding outdoor burningg and his serious concern on the problems of disposing of leaves and other prunings from large acreage. This matter will be taken up further at a council work meeting AMENDMENT TO CONTRACT FOR ENGINEERING SERVICES Mayor Harrison reported that the last contract signed for engineering services with Reid, Middleton & Associates, Inc. was now unrealistic because of the increased cost for manpower due to inflation. He quoted the changes in hourly figures, and recom- mended that the contract be amended to reflect these changes. Chief Administrative Officer Lawson agreed the new rates were realistic and should be approved. Therefore, it was moved by Councilman Tuson, seconded by Councilman Kincaid that the amended contract for engineering services by Reid, Middleton & Associates, Inc. be approved and accepted and the Mayor be authorized to sign the amended contract agreement. Motion carried. TOPICS PROGRAM AGREEMENTS A letter was received from the City Engineer stating that besides the yi gas tax monies, a grant from a state agency for the federal government could be acquired for study on local problems such as critical city intersections, by the City agreeing to participate in a TOPICS Program Agreement (Traffic Operations Program to Increase Capacity). He recommended doing so. A motion was made by Councilman Haines, seconded by Councilman Kincaid that the Mayor be authorized to sign the TOPICS Program Agreement. Motion carried. AUTHORITY TO ACCEPT PAYMENT FROM RONALD SEWER DISTRICT 107 1 1 In regard to the sewer connections previously authori ad in the Ronald Sewer Dis- trict, a motion was made by Councilman.Slye, seconded by Councilman Tuson that the Acting City Treasurer be authorized to accept payment from the Ronald Sewer District for these connections. Motion carried with Councilman Kincaid.voting against, as he felt $5,000.00 was not a sufficient amount for this prgject. POLICE SALARY RANGE FOR CIVIL SERVICE COMMISSION Mayor Harrison stated that the Civil Service Commission, in order to advertise and hold examinations for the Police Chief position, asked that a salary range be supplied. Council decided that this information would be available at the next regular council meeting, and,the Civil Commission will then schedule a meeting for this :purpose. There was no further business to come before the meeting, and it adjourned at 11:30 P-M. Irene Varney Mora , City Clerk Aug 18, 1970 n ROLL CALL , BF�A , -_' - 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 August 4 had been posted and mailed, and with no omissions nor corrections, they were approved as written. HEARING:: FINAL ASSESSMENT ROLL - LID # 167 -'PAVING FORSYTHE, 5tb TO 6tb City Attorney Murphy stated that through an error publication had not been made on the final assessment roll hearing for LID #167. City Engineer Larson said property owners had been notified of the cancellation of the hearing. A motion was made by Councilman Nelson, second- ed by Councilman Sly6 that the Final Assessment Roll hearing for LID #167 be set for October 69 1970. Motion carried. DISCUSSION OF SKIN DIVING AT PUBLIC BEACHES AFTER DARK (CONTINUED FROM MEETING OF JULY 21) Mayor Harrison reported that he and Councilman Nelson had been skin diving with a group of divers at 11 P.M. recently and that diving at night was very interesting. He stated that much marine life came out only at night and that night-time diving should be allowed for divers who are certified with the Washington Council of Skin°Diving Clubs. Attorney Murphy stated that the Washington Council of Skin Diving Clubs issued certification cards. He also said that diving would only be by the buddy system, spear guns or other fish- ing equipment would be prohibited; with divers only allowed to have properly sheathed knives. Councilman Tuson said that he was only concerned with saving lives. Councilman Haines said it was his understanding that in order to become a certified diver they must have at least one night dive. He said he did not understand how you could police divers, and that the • City of Edmonds had established an attractive nuisance with 'the Underwater Park. Councilman Sanborn said he did not believe there should be two closure times for the park and under- water park. Attorney Murphy said the ordinance could be written to give the Director of Parks and Recreation the authority to establish times of closure at Sunset Beach and that way the closure time could be changed overnight if necessary. The Director would post the closure time at the park.and file the time change with the City Clerk. The attorney also dtated that according to the ordinance there would be no legal skin diving at any time except by certified divers. Councilman,Nelson stated that the ordinance would restrict the liabil- ity of the City and help to prevent danger to inexperienced divers. He -said the Police would spot check divers certifications. Councilman Nelson said the diving clubs were very much in favor of this ordinance: Th6y do not want problems with diving'any more than the City of Edmonds does. He stated that this ordinance would be a trail blazer as there is no other ordinance like this in the world* Councilman Sanborn moved, seconded by Councilman.Nelson that the discussion of skin diving at Public Beaches after dark be continued to the meeting of September 1. Motion carried. CORRESPONDENCE A letter was read from Mr. and Mrs. Weston protesting the ruling of dedicating 10 feet of R/W south side of Hemlock, East side of 6%- They do not wish to make this dedication. City Planner Logan stated that this property had been sub -divided illegally and that subsequently the Weston had been contacted and had sub -divided through the Planning Commission. The sub -division had been granted with the provision of the dedication. Mr. Logan stated that the Weston' could only appeal a sub -division through the Courts. Councilman Haines moved, seconded by Councilman Nordquist that the letter of protest from the Weston' be referred to the City Attorney for proper dispensation. Motion carried. 0