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19700818 City Council MinutesAUTHORITY 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. 0 108 AUDIENCE PARTICIPATION • Richard Myhre, 530 9% Avenue North stated that the Council had received a letter from Pride and for some reason this had not been.read. He stated that the letter deals with the recent decisions made in Justice Court regarding marijuana, contributing to the delinquency of minors and alcohol. Pride does not believe the penalties handed out were severe enough. Mayor Harrison stated that he had talked with Judge Cole and Larry Wilson.and that the facts in the letter were not correct. He said an answer would be made by them. Attorney Murphy stated that sentencing was conditioned on many things and that it was the prerogative of.the Judge to do as he sees fit. Mayor Harrison said this matter would be deferred pending an answer from Judge Cole. Councilman Nordquist asked Mr. Myhre if this letter from the Coordinating Committee of Pride was the opinion of all members or only the Committee. Mr. Myhre stated the letter had been drafted at a meeting of the Coordinating Committee of Pride and that there was no list and he did not think anyone knew who all the members were. , Penny Bliss Alford, 301 N. Greenwood Circle #1, Seattle, operator of North County Taki #72, was in the audience and presented an application for taxicab license. Attorney Murphy said the original taxi -cab license ordinance specified the person must live in -the City of Edmonds. He said an amendment_,would have to be made if this license was granted., Following discussion it was moved by Councilman Haines, seconded by Councilman Nordquist that the matter of the taxi -cab application of Penny Bliss Alford be submitted to Mayor Harrison and that his recom- mendation be made at the meeting of September 1. Motion carried. COUNCIL PARTICIPATION E I. Councilman Sanborn said he had been contacted by a Mr. Armstrong on Bowdoin Way concerning an engineering problem which he was referring to the City Engineer and a speeding problem • which he was referring to the Police Chief. Engineer°Larson reported that property owners had replanted following the UAB project after the contractor had prepared the land but that .Mr. Armstrong did not want to do this and thought the City should do all of the replanting. Councilman Haines reported that he had read.an article in the paper quoting the outrageous amount of increase the State of Washington was charging the school district for the leasing of state land that are school sites. He said he thought the state charges were unreasonable but that their position was that they must get adequate return for land per appraised price. Haines said he thought the School District should be given a copy of the Resolution passed by the City of Edmonds last year concerning the charges. He thought if the two agencies banded together some results might be accomplished.' He said he did not think that park and school land should be charged so much when it is used by the public. Mayor Harrison stated that the proposed exchange of property between the University of Washington and the County had been looked on favorably by the University, but that for some°reason Snohomish'County had backed off. A motion was made by Councilman Haines, seconded by Councilman Nelson that the Mayor be in- structed to write a letter to Snohomish County asking for an official communique from them on the status of the proposed exchange of property and the reason for their apparent back - off. Motion carried. CLAIMS FOR DAMAGES Claims for damages were acknowled-from Thomas W. Talbot and William H. Whiteside. These were referred to the City Clerk for processing. AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Tuson that the following LID . bills be approved for payment: LID #161 - $2.00 to the Edmonds City Treasurer for recording easement; LID #164 - $6,471.40 to Ewing Electric, Inc. for Estimate #4 for Standby Generators and the City Clerk be authorized to issue interest bearing warrants to Grande & Co., Inc. in the same amount to cover this bill; LID #167 - $1,504.54 to Reid, Middleton & Associates, Inc. for final billing, engineering services, and the City Clerk be authorized to issue an interest bearing warrant to City of Edmonds in the same amount to cover this bill;; 0 LID #181 - $30.00 to Edmonds Tribune Review for legal publications and the City Clerk be auth- orized to issue an interest bearing warrant to.the City of Edmonds in the same amount to cover this bill; LID #182 - $28.00 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 in the same amount to cover this bill. Motion carried. A motion was made by Councilman Haines, seconded by Councilman Tuson that vouchers #11152 through #11314 in the total amount of $238,563.39 be approved and the City Clerk be authorized to issue warrants'in payment of these regular monthly bills. Motion carried. 40 109 FIRST READING: PROPOSED ORDINANCE ESTABLISHING THE OFFICIAL STREET GRADE FOR NINTH AVENUE City Engineer -Larson explained that the proposed street grades had been discussed with many people in the area and that the maps had been shown. However; he did not know if the people all understand the street grades. In order for the property to be protected as much as poss- ible a street grade of 11.2% maximum would be used instead of the -usual 7%. Cutting and filling would be done to improve site distances. Attorney Murphy said that street grades are not usually set by ordinance, but because of the controversy of this project it would be best to make everything as legal as possible. Engineer Larson said that everything possible had been done in engineering -to keep property damage at a minimum. AUTHORIZATION'FOR CITY ATTORNEY TO START CONDEMNATION PROCEEDINGS AGAINST -PROPERTY ON 91+ AVENUE NORTH. Councilman Slye moved, seconded by Councilman Nelson that the City Attorney prepare an ordi- nance to start condemnation proceedings against property on 9% Avenue North. Motion carried. COUNCIL REVIEW OF FINAL PLAT OF "LAURI ANN PARK". A 6 LOT PLAT -LOCATED BETWEEN MAPLEWOOD DRIVE AND 881b W. City Planner Logan stated that improvements"were in`Lauri-Ann Park with a small amount of work to be done. Engineer Larson recommended approval -.subject to engineering requirements to be,covered by a bond for the work remaining to be done. Councilman Haines moved, seconded by Councilman Slye that the Final Plat of "Lauri Ann Park" be approved subject to the rec- ommendation of the engineer for engineering requirements to be covered by a bond for the work remaining to be done. Motion carried with Councilman Nordquist voting no. REQUEST FOR COUNCIL CONFIRMATION OF PLANNING COMMISSION RESOLUTION #335, DENYING A REZONE RE- QUEST FOR APARTMENT ZONING ON 212tb STREET S.W., JUST EAST OF FIVE CORNERS. FILE NO. R-1-70, FEED K. ROSS APPLICANT NARVESON PROPERTY. There was no one in the audience to speak against the denial. A motion was made by Councilman Nordquist, seconded by Councilman Kincaid that Planning Commission Resolution #3359 denying a rezone request for apartment zoning on 2120 St. S.W., just east of Five Corners be upheld. Motion carried unanimously. SET FOR HEARING: APPEAL FROM DR. HOOVER et al, FROM RECOMMENDATION OF DENIAL OF REZONE RE- QUEST FOR APARTMENT ZONING TO ALLOW CLINIC ON NORTH SIDE OF EDMONDS WAY ACROSS FROM WOODWAY SHOPPING CENTER. PLANNING COMMISSION RESOLUTION #336. FILE NO. R-2-70. It was moved by Councilman Nordquist, seconded by Councilman Slye that the hearing on appeal from Dr. Hoover et al, from Recommendation of denial of rezone request for apartment zoning to allow biinic; on north side of Edmonds Way across from Woodway Shopping Center be set for hearing October 20. Motion carried. DISCUSSION ON BOND FOR "DIANA LEE" ADDITION City Engineer Larson stated that bond had been posted by Belt Homes May 29, 1963 in lieu of installing curbs and gutters until time of local improvement district. However, two proposed LIDS' had been protested out in this area since that time. •The engineers recommendation was that in view of the length of time that has elapsed and the difficulty in installing only curbs and gutters without other improvements, the requirement for the bond on Diana Lee Addi- tion be terminated. Attorney Murphy stated we could give Mr. Belt the option of putting in the improvements or forfeiting the $19500.00. Councilman Haines said the money should be credited to the lots for future LID. Councilman Sanborn stated he thought the Mayor and Engineer should negotiate • with Mr. Belt and get an°exchange of ideas. Councilman Sanborn moved, seconded by Councilman Kincaid that the Mayor proceed with notify- ing Mr. Belt of the option of installing the improvements or forfeiting bond and deposit $1,500.00 with the City of Edmonds. Motion carried. APPOINTMENT -OF BOB BOYE TO PLANNING COMMISSION A motion was made by Councilman Nordquist, seconded by Councilman Nelson confirming the ap- pointment by -the Mayor of Bob Boye, 24325 761h Avenue W. to the Planning Commission,, Position A, expiring in 1975, replacing Les Hanvey who resigned. Motion carried unanimously. PROPOSED ORDINANCE TRANSFERRING $746.76 RECEIVED FROM STATE OF WASHINGTON PLANNING & COMMUN- ITY AFFAIRS AGENCY TO POLICE CAPITAL OUTLAY FUND FOR PURCHASE OF BASE STATION. Acting Police Chief 'Crain explained' a contra(t , had :been: signed. with' thee -_state to- receive grant and --that only a portion had been approved. This money is for Base station only. Councilman Nordquist moved, seconded by Councilman Nelson that Ordinance #1493 be passed transferring $746.76 received from State of Washington Planning & Community Affairs Agency to Police Capital Outlay Fund for purchase of Base Station. Motion carried. PROPOSED ORDINANCE CORRECTING SECTION 3.30.040 OF EDMONDS CITY CODE IN CONNECTION WITH HORSE, REGULATIONS - ORDINANCE #1489• City Attorney Murphy explained that one line of the original ordinance had been omitted in recopying and that it changed the meaning of the ordinance. Councilman Nordquist moved, seconded by Councilman Nelson that Ordinance #1494 be passed amending Ordinance #1489. Motion carried. 0 There was no further business, and the meeting was adjourned at 9:50 P-M. 11.0 ,ZA1.3.q _A/ bl L� "PIZ41 & 2 Irene Varney Mora4 City Clerk H. Harrison, Mayor Sept 1, 1970 ROLL CALL Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen'present except Sanborn. APPROVAL OF MINUTES Minutes of the meeting of August 18 had been posted and mailed. Mayor Harrison noted that under "Council Participation'llthe last sentence of the second paragraph should read "Mayor Harrison stated that the proposed exchgnge of property between the University of Washington and the County had been looked on favorably by the Dept. of Natural Resources, but -that for some reason Snohomish County had backed off." There were no other omissions nor corrections and the minutes were approved. as corrected.. PRESENTATION OF CITY OF EDMONDS FLAG TO COUNCIL Fire Chief Jack Cooper gave a brief talk on the history of the new City of Edmonds emblem or flag, beginning with its discussion in December 1968 and the suggestion being brought to council by Councilman John Nordquist. The Chief then told of the contest for an appropriate emblem, how the job was given to the Edmonds Jaycees to determine the finalists; and the eventual council choosing of the present drawing by Geraldine Jones of Edmonds. Chief Cooper then read an excerpt from the book "Edmonds, The Gem of -Puget Sound", written by former City Councilman Ray Cloud, in which the description of Edmonds. mentions the,Sound, ferry, mountains, and the • seagull flying over all, just as the winning drawing depicts. Councilman Nordquist then unveiled the emblem, hanging on the wall in the front of the Council Chambers. INTRODUCTION OF NEW FINANCE DIRECTOR Mayor Harrison introduced Mr. Arthur Zerbach, newly hired Director of Finance for the City of Edmonds. Mr. Zerbach noted that it was his first day on the job; that he was thus far impressed by ,the calibre and personalities of the people working for the City; and he was looking forward to his city employment with enthusiasm. FIRST READING -PROPOSED ORDINANCE FOR SKIN DIVING"REGULATIONS First reading of a proposed ordinance was heard, regulating skin diving at City of Edmonds beaches. City Attorney James A. Murphy reported that he had sent a copy of this proposed ordinance to the Port Commissioners for their comment. Two skin divers in the audience, Buzz Bauman and Bruce Arnold, who are members of certified Washington skin divers clubs, asked for and were given a copy of the proposed ordinance. They agreed with allowing only certified:divers to use the beaches for this purpose, and were in favor of the buddy system. Bruce Arnold, who is also an instructor, briefly gave the general qualifications necessary for certification. They questioned, however, the policing of the beaches, and.were against the city's prohibiting everyone from night diving. Second reading of the proposed ordinance will be heard at the next council meeting on September 15. SECOND READING: PROPOSED ORDINANCE ESTABLISHING OFFICIAL STREET GRADE FOR 91b AVE. Second reading was held on a proposed ordinance establishing the official street grade for 9% Avenue. Three copies of the street grade drawings have been on file, • in the office of the City Clerk for public viewing. A motion was made by Councilman Haines, seconded by Councilman Kincaid that proposed Ordinance #1495 be passed, establishing the official street grade for 9b Avenue. Motion carried. PROPOSED ORDINANCE FOR CONDEMNATION PROCEEDINGS AGAINST PROPERTY ON 90 AVENUE NO. First reading was held on a proposed ordinance for condemnation proceedings against property on 9b Avenue North. There are 17 properties with 12 ownerships involved in the proposed proceedings, out of a total of approximately 41 or 42 parcels. - Jim Mueller, representing PRIDE,:stated that this group feels that it is unfortunate that the width of this street necessitates additional condemnation which they feel is not warranted based on the available traffic counts in the area. TAXI CAB APPLICATION An application had been received from Penny Bliss Alford, Seattle, for operation of a taxi service known as North County Taxi # 72 in the City of Edmondeq This had been referred to the Mayor, who stated that the applicant was to have contacted his office following the last council meeting and he had not heard from her, but that since the applicant does not conform to the requirements in the ordinance, he there- fore recommended denial. It was moved by Councilman Kincaid, seconded by douncil- man Nordquist that the Mayor's recommendation for denial: of the'request for operation of a taxi service in the City of Edmonds by North County Taxi # 72 be confirmed. Motion carried unanimously. AUDIENCE PARTICIPATION Jim Mueller, 209 Casper, stated that he wised it to become a matter of record -on •