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19710914 City Council Minutes• 19 7. Harrison added all would agree that whatever the problem, Gordon explored it in depth and was always fairminded and courageous in his decisions, and he knew he spoke for the whole council in saying we enjoyed knowing him and working with him and were all going to miss him. The Mayor then went on to say that this same tragedy also took the lives of seven other South County residents: Gordon's son, Jim; John Null and his son, Joe; Harold and Lois Steves; and Richard and Betty Kurttila. He said that this was a terrible tragedy for Edmonds and that we offer our deepest sympathy to all the families concerned, and any help that they may desire. It was then moved by Councilman Kincaid, seconded by Councilman Nordquist that this council meeting be recessed to next Tuesday, September 14 as a token of respect for Councilman Sanborn. Motion carried unanimously, and the meeting was recessed at 8:10 P.M. Irene Varney Moran City Clerk September 14, 1971 ROLL CALL Harve H. Harrison, Mayor Recessed meeting was called to order by Mayor Harrison with all six councilmen present. • APPROVAL OF MINUTES Minutes of the meeting of August 17 had been posted and mailed, and with no omissions nor correction, they were approved as written. HEARING: ON PLANNING COMMISSION RESOLUTION 360 Hearing was held on Planning Commission Resolution 360, recommending denial of a proposed amendment to the zoning ordinance to establish a beautification procedure in lieu of the abatement procedure for non -conforming commercial buildings and uses in residential zones. No appeal had been received. City Planner Merlin Logan gave a brief explanation of the action of the Plan- ning Commission and also reasons for his recommendation. He felt beautifica- tion was not the answer to the non -conforming problem. Councilman Kincaid asked if the denial was by unanimous vote of the Commission, and Mr. Logan answered in the affirmative. Councilman Haines read a definition of "economic life" from an appraisal publication, and added that he was against people investing in an area and then having a time limit set on how long they could keep the business. He also did not feel that these people should have to pay a $300.00 fee;to see if the economic life could be extended; that this put an extreme hardship on these businesses. He felt that this should either be stopped or the problem sent back to the Planning Commission. Councilman Kincaid said he felt a certain amount of compassion, especially for non- conforming businesses in annexed areas. He was against allowing deteriorating non -conforming business buildings to remain, and added that consideration should be given to those of a decent nature; however, he admitted it would • be difficult to distinguish between them. Councilman Tuson stated that people in annexed areas felt that the existing county zoning would be protected, but it was brought out that practically all of these places were non -conforming even under the previous county zoning. It was pointed out that the Planning Commission had no specific beautification procedures presented to them in connection with this proposal. 1 The hearing was then opened, but no one in the audience wished to comment and the hearing was closed. A motion was made by Councilman Nelson, seconded by Councilman Tuson that the recommendation for denial in Planning Commission Resolution 360 be upheld. .A roll call vote showed all councilmen in favor except Kincaid and Haines, and the motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION 361 Hearing was held on Planning Commission Resolution 361, recommending denial of a proposed amendment to the zoning ordinance requiring all property owners involved in a rezone proposal to be a party .to therezone application. No appeal had been received. City Planner Logan explained the reasons for denial by the Commission, and gave examples of other cities' ordinances in regard to this. There was a great deal of discussion. Dick Dickson, Chairman of the Planning Commission, stated that the mechanics we now have give adequate control, and requiring 100% signatures could very well backfire. It was noted, for example, that if 0 • perhaps only 10 out 11 owners were in favor of a rezone, and if the one dissenter owned property in the middle of the area, they would be prevented from applying for a rezone without his signature. City Attorney Murphy stated that he felt there would be no reason to change the present procedure for rezone application. Councilman Nelson said he thought the original idea behind this proposal was to see that every property owner concerned would be notified of a rezone application. The hearing was then opened. Gordon Maxwell, member of the Planning Commission, stated that the procedure by which a man gets a hearing on a proposed rezone:, was the topic, not the zoning itself. He added that there was merit in the applicant's making some intent to notify the property owners concerned. Attorney Curt Thomson added that it was the general concept of due process, and reversal of the recommended denial would make it nearly impossible for some people to apply for a rezone. Following further discussion, it was moved by Councilman Slye, seconded by Councilman Nelson to uphold the recommendation for denial -in Planning'Commis- sion Resolution 361, and the motion carried. It was then moved by Councilman Tuson, seconded by Councilman Haines that the Planning Commission review the procedures on notification of property owners in rezone matters. Motion carried. LETTER OF INTENT FOR ANNEXATION Attorney Curt Thomson presented a notice of intent to commence annexation pro- • ceedings, (with the required 10% signatures) of an area described as Lots 16, 17918,199 & 20, R. C. Munger Addition No. 3 and Tract 11, Block 79 Alderwood Manor No. 9, except the north 420 feet thereof. He explained that the major- ity of the area requesting annexation was owned by a small corporation, Don - Lee, Inc., who planned to build several homes, and they would prefer to build with city sewers rather than septic tanks. Attorney Thomson seemed certain that he would be able to obtain the necessary 75% signatures on the petition. Mayor Harrison recommended that council give approval of this letter of intent. Following several council questions regarding water, sewer, drainage, and city services to the area, a motion was made by Councilman Nordquist, seconded by Councilman Slye that the city (1) accept the proposed annexation, (2) that all property within the territory hereby sought to be annexed shall be assessed and taxed at the same rate and on the same basis as property within the City of Edmonds for any now outstanding indebtedness of said city, including assess- ments or taxes in payment of any bonds issued or debts contracted, prior to or existing at the date of annexation, and (3) that simultaneous adoption of pro- posed zoning regulations be required. Motion carried. RESOLUTION AUTHORIZING APPLICATION TO HUD FOR GRANT FOR ACQUISITION OF WATERFRONT PROPERTY As instructed by council, the Attorney presented a proposed resolution to authorize application to HUD for a neighborhood Facilities Grant, for acqui- sition and development of the property on'the waterfront where the Senior Center is located. A motion was made by Councilman Nordquist, seconded by . Councilman Kincaid that proposed Resolution 244 be passed, and the motion carried. SECOND READING: PROPOSED ORDINANCE ON SIDEWALK OBSTRUCTION • Second reading was held on the proposed ordinance certain acts of erection or maintenance of obstructions to the use of sidewalks, streets and intersections. City Engineer Leif Larson briefed council -as to the prevention of interference with the safety of pedestrians, and City Attorney James Murphy reviewed the proposed ordinance for council clarification. It was then moved by Councilman Kincaid, seconded by Councilman Nordquist that proposed Ordinance #1571 be passed. Motion carried. _ORDINANCE AMENDING #1568, EXEMPTING SINGLE FAMILY DWELLINGS FROM THE REQUIREMENTS THEREIN A proposed ordinance was presented, amending Section 10.10.030 of Ordinance Number 1568 to exempt single family dwellings from the requirements of in- stallation of Fire hydrants. and mains as required by Chapter 10.10 of the Edmonds City Code. Councilman Tuson made the motion, seconded by Councilman Slye that proposed Ordinance #1572 be passed, and the motion carried. PRESENTATION OF PETITION FOR VACATION OF PORTION OF ANDOVER STREET A petition had been presented for vacation of a portion of Andover Street. The City Clerk, following checking of the signatures on the petition, submitted 1 1 • a certificate of sufficiency and validity. It was therefore moved by Council- man Slye, seconded by Councilman Nelson that proposed Resolution 245 be passed, betting a hearing on the petition for vacation for October 19. Motion carried. AUDIENCE PARTICIPATION Natalie Shippen council to consider planting strips on sidewalks when they are improved. This matter was discussed briefly. COUNCIL PARTICIPATION Councilman Nelson stated that a vote of thanks should be given to Assistant Fire Chief Bud Klein for his participation in the work for consolidated com- munications with the Southwest Snohomish County Public Safety Communications Agency. He reported that the agreement for getting started would cost the City of Edmonds approximately $800.00. Gordon Maxwell, in the audience, re- marked that he did not object to consolidated.communications, but felt that a vote of the people.should be obtained before considering'any consolidation of services. A motion was made by Councilman Nelson, sec onded by Councilman Slye that the City of Edmonds, by resolution authorize and adopt involvement in the Southwest Snohomish County Public Safety Communications Agency. Motion carried. Councilman Nelson then moved, seconded by Councilman Slye that the City of Edmonds pay the amount of $800.00 by October 1 to the Southwest Sno- homish County Public Safety Communications Agency as tie prorated share of getting started with this system. Motion carried. • councilman Nordquist questioned the utilization of the city's IBM computer, and Acting Finance Director Allen Tuttle gave a report on proceedings to this point, adding that he would be submitting a full report to the council in the near future. Councilman Kincaid stated that he had knowledge of a rumor being spread that if a change were made in the Mayor's office, the new Mayor would appoint Al Kincaid as CAO. He said that this was very flattering, but (1) he did not feel he was qualified; (2) he did not file for re-election to council because he wants less responsibility, not more; and (3) the rumor was started as a political ploy, and he did not appreciate it. He added that he would not be CAO under any circumstances. Councilman Tuson then stated that if he should be elected Mayor, he wished to make it a matter of record that he had no committments to anyone. Councilman Haines brought up the question on changing of manning of the fire stations, and suggested that the budget should take notice of this if the changes are to be made. This will be further discussed at a council work session. CAO Lawson stated that it would be a joint effort on budget, and council input should be taking place<<,during the month of October during their work meetings. CAO REPORT 'CAO Lawson reported on the proposed improvement on 68th for a fire road giving the Lynnwood station improved access to north Edmonds areas, and suggested action be taken to furnish $1250. worth of work, equipment, etc. for the pro- ject. The County will supply the asphalt. It was moved by Councilman Haines, seconded by Councilman Nordquist to authorize the City of Edmonds' participa- tion of up to a $1250. value on this improvement. Motion carried. The CAO then brought to council attention the request of Union Oil Co. for an agreement in the form of a two year lease for the city to use the Union -Oil property off Dayton Street at a yearly rental rate of $250.00 payable annually in advance, which would be the approximate amount of taxes on the 12 acres. Discussion followed, and it was then moved by Councilman Tuson, seconded by Councilman Slye to authorize.the Mayor to execute the agreement with Union Oil Co. for lease of the property. Motion carried with Councilman Kincaid voting against. SET HEARING DATES FOR PLANNING COMMISSION RESOLUTIONS Planning Commissions Resolution 362, recommending of a proposed amendment to the zoning ordinance revoking the Planned Residential Development provisions Was presented to council for consideration. It was moved by Councilman Kincaid, seconded by Councilman Slye to uphold the denial of the Planning Commission in accordance with their recommendation in Resolution 362. Motion carried with Councilman Tuson voting against. Two additional Planning Commission Resolutions were presented for setting of hearing dates: Resolution 363, recommending approval of a proposed official street map amendment, correcting the locating of 174th St. S.W. between 77th Ave. W. and Olympic View Drive; and Resolution 364, recommending approval of an • 200 amendment to the zoning ordinance, revising sign regulations of the neighbor- hood business zone. With recommendation from the City Planner as to the date for hearings, a motion was made by Councilman Nelson, seconded by Councilman Nordquist that October 5 be set as the hearing date for Planning Commission Resolutions 363 and 364. Motion carried. CLAIMS FOR DAMAGES The City Clerk presented the following claims for damages, noting that all but one were claims against contractors on the various projects within the city: Donald B. Chelin, Robert & Arlene Suryan, Rodney R. Garretson, Wade V. & LeAnn A. Reece, Thomas Knightly,\and Mildred R. Dawson. These were all acknowledged and referred to the City Clerk for processing. SWIMMING POOL COVER BOND ISSUE Rod Garretson, Director -of Parks & Recreation, reported on the recommendation of the Park Board and Swimming Pool Committee in regard to the proposed cover for the municipal swimming pool to be built at Yost Park.. Their recommendation was for a bond issue of $295,000.00. Director Garretson explained that a lesser amount would put a cover on the pool, but with one diving board instead of two, no built-in bleachers, elimination of the tile, etc. There was a great deal of discussion on costs and structure, and following'this, it was moved by Councilman Kincaid to authorize placing the amount of $225,000.00 for the pool cover in the proposed ordinance,#1573, for the bond issue to be on the Novem- ber ballot. This motion died for lack of a second. It was then moved by Councilman Tuson, seconded by Councilman Nelson that pro- • posed Ordinance #1573 be passed, with the figure of $295,000.00 inserted as the amount for the bond issue in November. A roll call vote showed four councilmen voting in favor; Slye and Kincaid against, and the motion carried. EMERGENCY EMPLOYMENT ACT"' CAO Lawson reported that the City of Edmonds had an excellent change of ob- taining the fourteen new employees requested under this E.E.A. system. PAYMENT RECEIVED FROM MOUNTLAKE TERRACE ON SEWER AGREEMENT Mayor Harrison advised council that a check in the amount of $259000 had been received from Mountlake Terrace -as payment owed to July 22, 1971 on the sewer agreement. FIRST READING OF ORDINANCES First reading was held on a proposed parking ordinance for Edmonds Senior High vicinity, and a proposed tow truck ordinance. There was no further business, and the meeting adjourned at 11:30 P.M. U Irene Varney Mora , City Clerk September 21, 1971 ROLL CALL t Harve H. Harrison, Mayor Regular meeting was called to order by Mayor Harve Harrison with all six councilmen present. APPROVAL OF MINUTES Minutes of the recessed meeting of September 14 had been posted and distribu- ted, and with no omissions nor corrections, they were approved as written. HEARING: FINAL ASSESSMENT ROLL - LID #192 Hearing was held on the final assessment roll for LID #182, paving of 84th W. between 212th and the south city limits. City Engineer Leif Larson:;,gave a brief report on' the completed -project, and a comparison of the preliminary and final estimates. He noted that this project . went smoothly with no complaints from the property owners. Hearing was opened, but no one in the audience wished to comment, and the hearing was declared closed. It was moved by Councilman Slye, seconded by Councilman Nordquist that pro- posed Ordinance #1574 be passed, approving and confirming the final assess- ment roll for LID #182, and the motion carried. J 1 0