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19701006 City Council MinutesU There -was no further business, and the meeting adjourned at 11:15 P.M. 1" 1 1 Irene Varney Moran City Clerk October 6, 1970 ROLL CALL H: Harrison, Mayor - Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Kincaid. APPROVAL OF MINUTES Minutes of the meeting of September 15 had been posted and mailed, and with no omissions nor corrections, they were approved as written. ORDINANCE TO LEVY TAXES FOR 1971 A motion was made by Councilman Tuson, seconded by Councilman Slye that Ordinance 1498 be passed -levying the general taxes for the City of Edmonds for the fiscal year commencing January 1, 1971- Motion carried. Councilman Sanborn asked that the budget stay within the confines of millage allowed. HEARING:: FINAL ASSESSMENT ROLL - LID # 16 - PAVING FORSYTHE LANE 5% to 61h There was no one in the audience attending this hearing and Councilman Slye was the only interested party. Engineer Larson explained the construction and cost. He explained that the City participation was $31,064.59 instead of $15,912.00 as extimated. The right-of-way acquisition made an appreciable change. Councilman Slye asked about the condition of the sidewalk'and was told by the engineer the sub- contractor would replace the sidewalk in question as soon as he receives his money from the bonding company. Hearing was closed. A motion was made by Councilman Haines, seconded by Councilman Nordquist that Ordinance 1499 be passed approving and confirming the final assessment roll of LID 167. Motion carried with Councilman Slye abstaining. HEARING: ON PLANNING COMMISSION RESOLUTION #337 - RECOMMENDING AMEND- MENT TO ZONING MAP TO REZONE FROM RS-8A TO CG PORTION OF BRANDT PROPERTY ON NORTH SIDE OF LAKE BALLINGER WAY JUST EAST OF PUD R/W. City Planner Merlin Logan explained this property was across from Aurora Village Shopping Center and that this land will be split by the future SR104. He stated that because of limited access it will not be condusive to strip zonging of commercial. He stated that property would be isolated and that the Planning Commission believed it should be zoned commercial. It w4s noted that a rezone would in ne way raise the price of the property to -the state as it has already been appraised by them. This rezone is only being asked for one small corner of the property. • The part to the north remaining after the acquisition by the state is 'not considered in the rezone. It was moved by Councilman Slye, seconded by Councilman Nelson that Ordinance 1500 be passed amending the official zoning map of Edmonds by changing the zoning classification of certain property from single family residential 8,000 square feet to general commercial, pursuant to Planning Commission Resolution No. 337. Motion carried unanimously. HEARING: ON PLANNING COMMISSION RESOLUTION #338 - RECOMMENDING CERTAIN PROPERTIES NORTH OF K-MART WHICH ARE PRESENTLY UNDER JURISDICTION OF SNOHOMISH COUNTY BE REZONED CG AND RML IN EVENT SUCH PROPERTIES ARE ANNEXED TO THE CITY OF EDMONDS. Planner Logan explained that the Planning commission had carried out`a pre -zoning on 7 acres, but that the Mathay property, approximately 2.9 acres was annexed recently. City Attorney Murphy said'the Council does not really havea problem as this condition is not spelled out in the laws. He said that holding hearings on the remaining property would prove nothing as it would be identical to the original hearing. The remaining part of the original 7 acres would be pre -zoned by the City. A motion was made by Councilman Haines, seconded by Councilman Slye that Ordinance 1501 be passed amending official zoning map of the City of Edmonds be adopting the zoning classification for certain property, newly annexed,:to General Commercial and Multiple Residential, Low Density, pursuant to Planning Commission Resolution No. 338. 0 116 HEARING: ON PLANNING COMMISSION RESOLUTION #339 - RECOMMENDING AMEND- MENT TO COMPREHENSIVE LAND USE PLAN, DESIGNATING THE WATER AND SUBMERGED LAND AREA BETWEEN THE SHORELINE AND CENTER OF 211GE.T RniTIM AS toAQUATIC RECREATION". ON PLANNING COMMISSION RESOLUTION #340 RECOMMENDING APPLYING THE MARINE RESOURCE DISTRICT TO CERTAIN REAL EXTATE PROPERTY LOCATED GENERALLY BETWEEN SHORELINE AND CENTER OF PUGET SOUND. City, Planner Logan explained that because these three resolutions were related matters they would be discussed at one time. Planner Logan stated that the State Department of Natural Resources has not decided wheather to lease land in the sound for underwater oil and gas explor- ation. He recommended that the Council approve the recommendation of the Planning Commission re -zone the land in Puget Sound approximately 21y2 miles, or the boundaries of Snohomish County from the North City Limits to the'South City Limits. Planner Logan stated that his second recommendation was the adoption of 4 page rules and regulations for water and submerged land uses. There are 9 general categories to be permitted. Three are permitted outright, and the other 6 are instal- lations of sorts and subject to Council review. One category -is'..% '.- prohibited and that is the extraction of gas, oil, etc. He also asked the Council to apply this to zoning map establishing marine resource district to west side`of Snohomish County.. Hearing was then opened by Mayor Harrison. Councilman Slye asked how these regulations would effect slant drilling. Logan explained the zoning theoretically covers from sky to center of earth. Planner Logan stated that the City has some responsibility and authority as to what happens in this area. A motion was made by Councilman Tuson, seconded by Councilman Nelson that the City Attorney be instructed to draw ordinances on the acceptance of Planning Commission Resolutions #339 - #340 and #341 and that the hearing be continued to the meeting of October 20. Motion carried. PROPOSED ORDINANCE FOR SKIN DIVING REGULATIONS. . . City Attorney Murphy stated that he still had not heard from the Port Commission, that he had sent them both the lease and the proposed ordinance and believed that it was advisable to continue to the meeting of November 3 to give the Port a chance to reply. It was moved by Councilman Nordquist, seconded by Councilman Slye that the hearing on the proposed ordinance for skin diving regulations be continued to the meeting of November 3. Motion carried. CORRESPONDENCE • 1 1 • 1 Mayor Harrison read a request from Edmonds School District 15 to annex Sherwood Elementary School just south of City Limits. Chief Administra- tive Officer Lawson stated that he had been contacted by a group of interested parties who have scheduled a meeting October 12, 8 P.M. in area adjacent to Sherwood Village. These people were to discuss the merits of 'annexing to the City of Edmonds. He stated that this area could easily include Woodway High School and Elementary. Mayor Harrison recommended that this matter not be acted on at this time. He • stated that he did not think the annexation of a single would be a very good decision. Councilman Nordquist stated he thought an annexation should take iLln the surrounding areas to square off the City limits. Lawson said he would be attending the meeting of October 12 and was prepared to give them the facts concerning annexation. Mayor Harrison read a letter from Foster & Marshall, Inc. submitting a bid to serve the City as financial consultants and assist with the marketing of Water -Sewer Revenue Bonds. Mayor Harrison announced that he did accept the bid of Foster & Marshall for a fee of $2,450.00. This was $900.00 under -the bid of Northwest Securities. Engineer Larson read his proposed program for the use of the revenue monies. His original recommendation was $1,041.000.00 His recommen- dation at this time was for not less than $750,000.00. This would eliminate work in the 5 Corners area. Councilman Nordquist said this area had had a moratorium placed on it approximately 5 years ago and he believed that all the work in that area should be dons. He did not believe it fair to landowners in this area to be left sitting for another 5 years not being able to subdivide the property, or -'in many instances even being able to sell. Engineer Larson was asked about completion dates for the projects and was told most jobs would be done in 1971. He said that'a $1,000,000.00 Bond issue would still leave several hundred thousand before our ceiling. City Planner Logan asked that some action be taken on the 5 Corners area as they constantly have calls from people wanting to do something to their property and not being allowed to. He said he • believed this really placed a burden on many people. 117 • Councilman Tuson asked about the $100,000.00 that had been earmarked for the 5 Corners area before and was told by the Engineer that because of over -runs this money was used. Councilman Haines asked if the estimates reflected the present bid level. Engineer, Larson replied that it did to 'the best of their ability. Attorney Murphy stated the'City would not be allowed to spend money except for jobs listed. A motion was made by Councilman Nelson, seconded by Councilman Nordquist that the City proceed to establish a $1,000,000.00 Water -Sewer Revenue Bond Issue. Motion carried with Councilman Tuson-voting no. Mayor Harrison read a letter -from the South Snohomish County Chamber of Commerce concerning our Ambulance ordinance. They are requesting the City of Edmonds to reconsider in Section 4.08.070 providing that a driver or attendant "has not forfeited bail or•been convicted of any moving traffic violations for the preceding five years". Lynnwood or Mountlake Terrace do not have this provision and the Chamber believes that we are onli keeping out any licensed private company as it is too strict. Attorney Murphy said that Acting Chief Doug Crain had wanted the five year violation stricken from the ordinance and that he --had been preparing an ordinance to do this. Chief Cooper thought perhaps the 5 year regulation•was too longs but that the ambulance companies do not act as they have to obey our laws and that the City should retain some control over driving proficiency. He stated that the State Health Dept* is attempting to have laws passed at the state level. Mayor Harrison referred this matter to the next work meeting. AUDIENCE PARTICIPATION • Mrs. Robert Bell, 835 Bowdoin Way came to the council with her problem of a vicious dog in the neighborhood because she had received no help from the Police Department or the Animal Control officers. She stated that the dog attacked her dog and that children were frightened. Sgt. Sherlund Smith. Edmonds Police Department was in the audience and replied that everything has been done legallyg The dog had been picked up and held before and that now there was a warrant for the arrest of Mrs. Pettygrove if she did not dispose of her dog in a reasonable length of time. A young man in the audience stated that he boarded at the Pettygrove home and that the dog was not vicious. but a pet of the family. It did attack other dogs if they came into the yard. He has been contained except for one time when he escaped and at that time got in a fight with Mrs. Bell's dog. Mr. Robert Bell thought that it was a lack of law enforcement, lack of communication between citizens and officers. He said he would like to feel that he is getting adequate police protection beside tickets for exceeding the speed limit. Councilman Haines suggested that the Mayor take this matter under advisement. Councilman Sanborn said that they had heard both sides and that the Mayor should get a briefing from the` Chief as it was a Police Department matter. COUNCIL PARTICIPATION• Councilman Nordquist stated that it was a matter of public record when Doces' Shopping center was allowed at Highway 99 and 242nd, they were to improve 242nd. As yet they have not and he wants to know what their intention is now that they are planning to expand their facility. • Councilman Nordquist recommended the use of Cable Guide to advise the people of the City of Edmonds what is going on in Edmonds. This service is through G-Tec and is free for the use. He suggested that portions of the agenda be run prior to Council meetings. This is not vocal, just a type line that is run at the bottom of the picture. Mayor Harrison asked Councilman Nordquist to notify Cable Guide that we would be happy to participate in this service. Councilman Tuson asked Engineer Larson to have a water -sewer financial statement at the next work meeting. It was moved by Councilman Sanborn, seconded by Councilman Nordquist that the Public Works Department be separ,$ate from the Engineering Department in accordance with the Prior Report. Public Works would then be subject to the supervision of the Chief Administrative Officer, Engineer Larson disagreed, stating that Public Works and Engineering are working toward the same thing and should be together. Perhaps Public Works could be called Maintenance and Operation, and Engineering just Engineering. Motion as originally stated was carried unanimously. Mayor Harrison announced that an invitation had been received from the King County Housing Authority inviting Mayor and Council to view a new development that was just opening. APPOINTMENT OF NORMA BRUNS TO PLANNING COMMISSION A motion was made by Councilman Nelson, seconded by Councilman Slye confirming the appointment of Norma Bruns to the Planning Commission, said appointment to expire October 9, 1971- Motion carried. • It was moved by Councilman Tuson, seconded by Councilman Nordquist that confirmation be given for the Mayors appointment of Robert Dailey and Ed Hayen to the Planning Commission for full six (6) year terms, expiring October 9, 1976. Motion carried. A motion was made by Councilman Slye, seconded by Councilman Nordquist that the appointment of Larry Bailey to'Position 4 of the Park Board be confirmed, expiring October'19,--1976. Motion carried. CONSIDERATION OF ACQUISITION OF MEADOWDALE COMMUNITY CLUB Mayor Harrison stated that the Meadowdale Community Club could be acquired by assuming the $79000.00 indebtedness they have. It was moved by Councilman Slyer seconded by Councilman Nordquist that the Mayor be authorized Venter into negotiations with the Meadowdale Community Club for the acquisition of the property for the $79000.00 indebtedness. Motion carried. Councilman Nelson said we should refer the use of the club to the Park Board. ASSOCIATION OF WASHINGTON CITIES BUILDING FUND ASSESSMENT Councilman Nordquist moved, seconded by Councilman Slye, that this being a one time assessment the City of Edmonds should participate in the Association of Washington Cities Building Fund Assessment. Motion carried. RESOLUTION OF APPRECIATION FOR OFFICER JAMES MARTIN A motion was made be Councilman Nordquist, seconded by Councilman • Nelson that Resolution No. 231 be passed commending James Martin for his services to the City of Edmonds and the citizens thereof. Motion carried'. ORDINANCE AMENDING THE 1970 BUDGET FOR RECEIPT AND EXPENDITURE FOR TOPICS PROGRAM Engineer Larson said this item had not been anticipated for the 1970 budget. It was moved by Councilman Haines, seconded by Councilman Nordquist that Ordinance 1502 be passed amending the 1970 budget, to authorize expenditures from the street Department pursuant to Federal Aid Project Number T-7139 (1), TOPICS street study. Motion carried. A motion was made by Councilman Slye, seconded by Councilman Nordquist that the City of Edmonds accept two parcels of tide lands in front of Jim Haines house and being donated by Jim Haines. Motion carried. Meeting adjourned at 11:00 P.M. t � L4City Clerk H. Harrison, Mayor October 20, 1970 ROLL CALL ` Regular meeting of the Edmonds City Council was called to order by Mayor Harve • Harrison with all councilmen present: APPROVAL OF MINUTES The minutes of the meeting of October 6 had been posted and mailed. Councilman Haines wished it to be noted that he had abstained from voting on the last item in the minutes dealing with the two parcels of tide lands. Councilman Sanborn asked that in the third paragraph of page one the records show that the council had been advised by the CAO that the budget would require as great an amount as was being requested by the levy. The City Clerk asked that an addition to the minutes be made titled Claims for Damages, listing the acknowledgement of claims from Mike Kohary, Richard Farrill, and Donald P. Lawson. Minutes were then approved as corrected. HEARING: FINAL ASSESSMENT ROLL - LID #164 Hearing was held on the final assessment roll for LID #164, Units 5 & 6 sewers. Mayor Harrison gave a brief history of this LID, beginning with the request and including at that time Units 5,6, and 7. It was noted that there were four reasons why the costs had increased from the preliminary to the final notice; (1) construction bids had been received when the contractors's bidding was high before the local Boeing recession; (2) the bad terrain and abnormal conditions in the area; (3) the necessity for an extra pumping station and the standby gen- erator; and (4) the length of time for the project, which made additional interest costs. City Engineer Leif Larson explained the project, mentioning that some contractors who had looked over the area did not even come back and submit a bid on the pro- • ject. He added that the city had received over 50 letters and a petition protest-