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19710420 City Council Minutes162 April 20, 1971 ROLL CALL Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Kincaid, who is on vacation. APPROVAL OF MINUTVS Minutes of the meeting of April 6 had been posted and mailed, and with no omissions nor corrections, they had approved as written. PROPOSED ORDINANCE41548 - NUMBER OF BONDS ISSUED FOR LID 179 A motion was made by Councilman Sanborn, seconded by -,Councilman Nelson that proposed Ordinance #1548 be passed, amending Section 2 of Ordinance 1547 re- garding the number of bonds to be issued and the denominations thereof in connection with LID #179. Motion carried. PLANNING COMMISSION RESOLUTION 354 Planning Commission Resolution 354 had been presented to council at the April 6 meeting. This recommended denial of an amendment to the Zoning Ordinance to allow reconstruction of destroyed non -conforming apartment buildings. City Planner Merlin Logan stated that he had been ill the evening he was to brief the council on this item, and therefore it was moved by Councilman Nordquist, seconded by -Councilman Slye to continue this agenda item to the meeting of May 4 and have the City Planner brief the council at their next work meeting. Motion carried. CONSIDER ESTABLISHMENT OF A HOUSING AUTHORITY FOR CITY OF EDMONDS Mayor Harrison said that although the Snohomish County Housing Authority could be utilized byPthe City, he recommended that Edmonds establish its own housing authority in order to keep local control. He again noted the results from the study on housing for the elderly in Edmonds, and called upon Mrs. Blackmon, Chairman of the Study Group, to repeat the recommendations given to council. Mrs. Blackmon read the recommendations, which included suggesting a local housing authority with the leasing program as being the first choice for Edmonds. Foll6wing some discussion, a motion was made by Councilman Nelson, seconded by Councilman Tuson to instruct the City Attorney to prepare an ordinance to establish a leased housing project under Section 23 of the U. S. Housing Act for the City of Edmonds. Councilman Sanborn, after discussion and decision, restated the motion for the Attorney to prepare a resolution stating that the Council is in favor of the Section 23 approach, and instruct the City Attorney to them study -;rand report on the implementation and control by council in this matter. Councilman Tuson seconded the motion, and it carried. In regard to the proposed Housing Authority, Councilman Haines stated that he was not in favor of a one purpose group being created. Councilman Sanborn, who was interested in the implementation and control by council, asked if the Attorney could have a report on this by the next council work meeting, and he then made a motion, seconded by.. -Councilman Slye that the consideration of establishment of a housing authority for the City of Edmonds be placed on the next council meeting agenda, May 4, and the item also be on the next work meeting agenda. Motion carried. UNDERGROUND WIRING - 9th AVENUE City Engineer Leif Larson reported on the findings,.by the PUD for underground wiring on 9th Avenue from Daley to Elm Streets. The PUD had submitted petitions bearing the signatures of property owners in favor of the undergrounding, and these had been found to approximate 18% in favor. Mr, Frank leis, represent- ing the PUD, thanked the council for the extra 30 day delay they had allowed. He told of the designing and pricing on 9th and the contact with property owners. Mr. Reis added that they had contacted 66 property owners, and were convinced that although some were very definitely in favor of underground wiring, the majority did not wish to convert and be assessed at this time. The 9th South underground wiring therefore was dropped. City Engineer Leif Larson then reported that the protest on 9th N. had been 53.3%, but that one property owner! had withdrawn his protest, reducing the percentage to 47, but this had been submitted after the protest period had expired. Mr. Bill Kasper, in the audience, stated that he was the property owner who had given his notice of withdrawal. Discussion followed, and it was moved by Councilman Slye, seconded by; Councilman Sanborn that the City Attorney be instructed to prepare an ordinance to repeal LID #183, undergrounding on 9th N. from Casper to Daley. Councilman Haines felt that with Mr. Kasper's withdrawal of his protest, the percentage against would be under 50%, and the project should therefore proceed since it was being subsidized by all the citizens of Edmonds. D 1 1 1 1 0 13 r� U Councilman Sanborn answered that the people probably would like very much to have the underground wiring, but cannot afford it, and over 50% of them have stated they do not want to pay for it. Councilman Nelson thought there was a continual affirmative feeling for undergrounding, and it is an -,altogether different project from most LIDts. A roll call vote was then taken on the motion to repeal, with Councilmen Sanborn, Tuson, Slye and Nordquist voting in favor; Nelson and Haines against, and the motion carried. It was then moved by Councilman Haines, seconded by Councilman Tusonthat the Utility Tax that was set up for the specific purpose of underground wiring be repealed. There was a great deal of discussion on this subject, wherein it was pointed out that the tax was not segregated to show what specific amount was for undergrounding and there would be other arterials where undergrounding might be installed. Chief Administrative Officer D. C. Lawson stated that he, felt it inopportune at this time to cancel out the Ytility Tax, since there is even at present a petition in the hands of the council for underground wiring on Sunset Avenue, which would use some of these funds earmarked for this purpose. Following more discussion, the motion and second were withdrawn. Councilman Haines moved, seconded by Councilman Nelson that the City accept Bill Kasperts withdrawal of his protest from the undergrounding LID on 9th N., although it was executed after 'the 30 day period. A roll call vote showed • Councilmen Haines and Nelson voting in favor; all remaining councilmen against, and the motion failed to carry. DISCUSSION OF COMPULSORY GARBAGE COLLECTION It was moved by Councilman Nelson, seconded by Councilman Haines to table the discussion on compulsory. -garbage collection. The motion carried with Council- man Slye abstaining. PROPOSED ORDINANCE CORRECTING CLERICAL ERROR IN ORDINANCE #1532 A motion was made by Councilman Nordquist, seconded by Councilman Slye that proposed Ordinance #1549 be.passed, correcting a clerical error in Ordinance 1532. Motion carried. ORDINANCE ESTABLISHING PROCEDURE FOR DETERMINING A SPECIFIC AMORTIZATION PERIOD FOR NON -CONFORMING BUSINESS . A motion was made byCouncilman Slye, seconde&:iby Councilman Tuson that pro- posed Ordinance #1550 be passed, establishing a procedure for determining a specific amortization period for non -conforming business, commercial or'in- dustrial uses in residential zones pursuant to Planning Commission Resolution 352, with a change from $300.00 to $500.00 in the last paragraph. Motion carried. REQUEST FOR PLANNED RESIDENTIAL DEVELOPMENT REFUND BY BJORN THUESEN A letter was read from Bjorn Thuesen requesting a refund of his fee for taking • his case for a Planned Residential Development to the Planning Commission. Chairman Dickson of the Planning Commission was present and clarified the circumstances of this case, adding that Mr. Thuesen had been given a regular and fair hearing before the Commission and had been denied for valid reasons. He therefore disagreed with the request for a refund. Following discussion, it was moved by Councilman Sanborn, seconded by Councilman Nordquist to reject the request for the PRD refund from Bjorn Thuesen. Motion carried. AUDITING OF BILLS It was moved by Councilman Haines, seconded by Councilman Tuson that vouchers 12573 through 12756 in the total'amount of $141,772.26 be approved and the ti City Clerk be authorized to issue warrants in payment of these regular monthly bills. Motion carried. Councilman Haines then requested that voucher and warrant #12607 be placed one' the council work meeting ,agenda for discussion. A motion was made by Councilman Haines, seconded by Councilman Nelson that the following LID bills be approved for payment: LID #164 - $38.00 to Lewis Harrison for reimbursement for restoration work.and $29.73 to Reid, Middleton & Associates, Inc. for survey; LID #177 - $52.60 to Edmonds Tribune Review for legal publication; LID #179 - $900.00 to U.S. Post Office for pestage and envelopes; LID #183 - $49.60 to Edmonds TribuneFiReview for legal publications, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in the same amount to cover this bill; LID #184 - $53.80 to Edmonds TribuneReview for legal publications, and the • City Clerk be authorized to issue an interest bearing warrant to Edmonds City 164 • Treasurer in the same amount to cover this bill; LID #185 - $28.00 to Edmonds Tribune Review for legal publications, and the City Clerk be authorized to issue an interest bearing warrant to Edmonds City Treasurer in this same amount; Motion carried. It was moved by; -Councilman Haines, seconded by;Councilman Slye that the follow- ing bills be approved for payment from the 1970 Water -Sewer Revenue Bond Issue: . #9 - $76.25 to Daily Journal of Commerce for legal publications: #10 - $17.00 to Edmonds Tribune Review for legal publications; and #11 - $11.90 to Wash- ington State Treasurer, Dept. of Highways for billing No. 2 on State Project 8785. Motion carried. City Engineer Larson then recommended that the Urban Arterial project for Walnut Street, 7th to 9th beyaccepted as.complete and for payment=purposes. He stated that the contractor, Universal Utility Contractors, Inc., has satis factorily completed all the work in accordance with plans and specifications, but there are one or two items outside the contract scope still to be com- pleted, but not by the contractor. It was moved by Councilman Haines, seconded by Councilman Tuson that the City accept the recommendation of the City Engineer on this project proposal and accept the improvement. Motion carried. COUNCIL PARTICIPATION Councilman Nordquist brought to council attention the situation on the multiple zoned property behind the Doces Furniture building. The residents of the area • are upset over the unsightly condition of the premises. Mayor Harrison stated that appropriate action would be taken and a report would be forthcoming from the investigation. Councilman Nordquist asked that a discussion be held at the council work meeting on the proposal to raise the wages for councilmen next year. He felt it would help to encourage participation in local government. Councilman Tuson again asked that the Safety Committee take a look at the intersection at Fifth and Dayton. Councilman Nelson, in connection with Councilman Tuson's request, noted that the TOPICS program would take care of this area, and this will be discussed at a council work session. Councilman Haines asked for a progress report on Unit 7. Engineer Larson re- plied that a check with HUD indicated the use of a point evaluation system for determining priorities, and Edmonds did not qualify in some particular areas. He added that he planned to submit a written report on this matter to the council. Councilman Haines suggested that (1) the Mayor send telegrams to the legisla- tors in Washington asking them to look into the City of Edmonds' application to see where we can qualify and (2) Councilman Haines made a motion, seconded by Councilman Sanborn that the City Engineer make an area assessment for the Unit 7 sewers, without the zone front footage method. Motion carried. CAO REPORT • CAO Lawson reported that the City Engineer requested council to set a date for opening of bids on UAB 9th Avenue from Casper to Edmonds Way, and suggested May 13. It was therefore moved by Councilman Tuson, seconded by Councilman Haines that authorization be given to open bids May 13 on.the 9th Avenue project from Casper to Edmonds Way. Motion carried with Councilman Sanborn voting against. The CAO recommended that the Mayor be given authorization to sign the Public Works Union contract, and it was moved by Councilman Sanborn, seconded by - Councilman Slye that the Mayor be authorized to sign the Public Works Union contract, and the motion carried. A meeting was set for Monday, April 28 at 7:30 P.M. with the Utilities Com- mittee, City Engineer, CAO, and Director of Maintenance and Operations to discuss establishment of policy on repair and maintenance of side sewers. CLAIMS FOR DAMAGES A claim for damages was received from Richard and Shirley Whitten. This was referred to the City Clerk for processing. PETITION FOR UNDERGROUND WIRING FROM RESIDENTS OF SUNSET AVENUE A petition for underground wiring on Sunset Avenue from Casper to Edmonds Streets, signed-lby the majority of property owners involved, was presented to council. It was moved by Councilman Sanborn, seconded by Councilman Siye to direct the City Engineer to gather cost figures.and engineering data for this project for the next council meeting on May 4. Motion carried with Councilman Tuson abstaining, since he is a property owner in the area involved. 0 n U L F•.y 6 e� Councilman Sanborn then moved, seconded bye:Councilman Slye that the City follow the established policy of 1/3 City participation, 1/3 Utility Companies, and 1/3 property owners on the undergrounding. Motion carried with Councilman Tuson abstaining. Councilman Nelson stated that the costs should be pursued for the removal of the Burlington Northern wires. Mayor Harrison answered that once the PUD and Telephone Company wires are gone from the Avenue, ecology groups might bring pressure against the Burlington Northern to remove their wires along the shoreline. PROPOSED ORDINANCE DEFINING HIGHWAY OR STREET AND OPERATION OF MOTOR VEHICLE WHILE LICENSE SUSPENDED A motion was made by -Councilman Nordquist, seconded by Councilman Slye that proposed Ordinance #1551 be passed, amending Section 8.04.015, defining high- way, road or street, and creating a new section to the Traffic Code to prohibit the operation of a motor vehicle when license is suspend, revoked, or denied. Motion carried. RESOLUTION OF COMMENDATION TO STEVENS MEMORIAL HOSPITAL AUXILIARY FOR PRODUCTION OF "MUSIC MAN" A motion was made by Councilman Nordquist, seconded by Councilman Slye that proposed Resolution #240 be passed, commending the Stevens Memorial Hospital Auxiliary for its cultural contribution to the performing arts by,.1ts per- formance of the "Music Man". Motion carried. SET HEARING DATE FOR PLANNING COMMISSION RESOLUTION 356 Planning Commission Resolution 356 was presented to council, recommending approval of an amendment to the official zoning ordinance to change the appeal period for Board of Adjustment decisions from 30 days to 10 days. It was moved by:°Councilman Nordquist, seconded by,Councilman Sanborn to set the date for hearing on Planning Commission Resolution 356 for May 4, and the motion carried. PREPAYMENT ORDINANCE FOR LID #177 A motion was made by;;Councilman Slye, seconded by;Councilman Tuson that pro- posed Ordinance #1552 be passed, prepayment expiration date on LID #177. Motion carried. There was no further business, and the meeting adjourned at 10:40 P.M. d ��1 Irene Varney Mora City Clerk H. Harrison, Mayor May 4, 1971 ROLL CALL • Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Kincaid, who is on vacation. APPROVAL OF MINUTES Minutes of the meeting of Apri1.20 had been posted and mailed, and with no omissions nor corrections, they were approved as written. SWIMMING POOL REPORT Chet Bennett presented to council and a large audience -the report from the Swimming Pool Committee which had been created by the Mayor to study the feasibility of having a municipal swimming pool in Edmonds. Members of this committee, in addition to Chet Bennett and Mayor Harrison, were the City of Edmonds Park & Recreation Director, Rod Garretson; Bill Phillips, Tony Koenig, Councilman Gordon Sanborn, John Kochrian, Jim Rothnie, Paul Roy, and Chet Johnson. Chet Bennett outlined the proposed program recommended by the Committee, which included use of a pool for recreation purposes, instruction, and competition, in that order. Other recommendations made by the Committee were (1) that a city the size of Edmonds should have a pool and the population can support it; and (2) based on a financial survey, the City could finance a $250,000.00 councilmanic bond issue without a vote of the people, with the approximate $22,000 per year debt service requirement taken out of the yearly operating budget of the city. The Committee had suggested that a cover be designed for the proposed pool, and let this added expense item go before the voters in November, since the entire complex would not be ready in any case until the summer of 1972. The Committee, having studied several possible locations for this pool, deciddd it should be on land already owned by the 0