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19670801 City Council Minutes• McGinness that the final assessment roll hearing'on LID #148, paving of loth S. E., be set for September 5. Motion carried. 7 a 1 1 HEARINGS ON PRELIMINARY ASSESSMENT ROLLS SET FOR UNITS 2 AND 3 Upon recommendation of the Engineer, a motion was made'by Councilman Slye, seconded by Councilman Olds that the attorney be instructed to prepare Resolutions of Intention for the construction of sewers under Units 2 and 3 of the comprehensive sewer plan and the hearings on the preliminary assessment rolls be set for October 17, 1967. Motion carried. There was no further business, and the meeting was adjourne W�WIAI__�:� Clerk August 1, 1967 ROLL CALL Regular meeting was called to order by Mayor Maxwell with all councilmen present. APPROVAL OF MINUTES The minutes of the meeting of July 18th had been posted and mailed, and since there were no omissions nor corrections, they stood approved as presented. HEARING: PRELIMINARY ASSESSMENT ROLL - RESOLUTION OF INTENTION #216 • Hearing was held on the preliminary assessment roll for Resolution #216, proposed sewers 7th to 8th on Alder Street. Engineer Larson explained the zone and termini method of assessment. Be- cause the cost of construction of sewers in this area would be higher than the assessed valuation of property, the property owners, or someone in their behalf are required to deposit money with the City to make up the difference. The owners of record in this L.I.D. would need to deposit $5,100.00. Mr.. W. B. Olson stated he had talked to the other owners and they were all willing to put up the deposit, either now or at time of completion of the project. Attorney Murphy said the City could not expend the money without legal proof of willingness to pay. Mr. Green, 313 .S. 7th, stated he was already hooked on to the Alder Street sewer, and would he be required to hook up again and pay a hookup fee for the second time. Mayor Maxwell assured him. he would not, that they were _just servicing his remaining lots. Discussion was held on the possibility of con- structing the sewers without an L.I.D. as long as all property owners were in favor of the sewers. It would save some expense on the job. Councilman Tuson moved, seconded by Councilman Slye, that the council defer action on the preliminary assessment roll until the August 15th Council meeting, with the City Attorney to contact the property owners concerning their willingness to put up the money, or sign a note. To instruct the engineers to proceed and to call for bids so job could proeeed without delay. Motion carried unanimously. PETITION FOR LID: PAVING 25th S. FROM 3rd S.E. INTERSECTION TO 200' NORTH OF 5th S. E. INTERSECTION ( REX STRICKLAND) Discussion was opened concerning this proposed L.I.D. Engineer Larson stated he had received a letter from the Urban Arterial Board, which will be composed of representatives of cities, count- ies and State. Councilman Olds moved, seconded by Councilman Bevan that the Council defer action on the proposed L.I.D. until November 7th, which will give the Federal Government time to legally release the Relay Station property to the School District, and for Lynnwood, Snohomish County and Edmonds to confer on paving the entire street from 5th S. E. to 196th, in a joint project. Council- man Olds stated he did not want to jeopardize the completion of the whole street by doing this • small section of approximately 600 ft. Councilman Kincaid asked that we vote on the motion as stated by Councilman Olds with the Street Committees and Engineers of Lynnwood and Edmonds to confer on the matter. Roll call vote had Councilmen Olds, Kincaid and Bevan voting Yes, and Councilmen Harrison,.Tuson, Slye and McGinness voting No. Motion was defeated. A motion was made by Council- man Kincaid, seconded by Councilman Olds that the Council defer action on the proposed L.I.D., paving 25th S. from 3rd S. E. intersection to 200' North of 5th S. E. intersection until the Sept- ember 5th meeting, and that the Engineers and Street Committees of Lynnwood and Edmonds meet and discuss a cooperative paving L.I:D. Motion carried. PROPOSED RESOLUTION TO DEPARTMENT OF NATURAL RESOURCES REGARDING UNIVERSITY PROPERTY IN EDMONDS. Attorney Murphy read a proposed Resolution to the Department of Natural Resources requesting ne- gotiations for the acquisition for lease of certain property within City of Edmonds. A motion was made by Councilman McGinness, seconded by Councilman Olds that Resolution #156 to the Depart- ment of Natural Resources be passed. Motion carried unanimously, RESOLUTION COMMENDING DR. PAUL BURKE FOR SERVICE ON PARK BOARD Attorney Murphy read a proposed Resolution commending Dr. Paul Burke, upon his retirement, for his service to the community as a member of the Edmonds Park Board. Councilman Harrison moved, seconded by Councilman Slye that Resolution #157-be passed, commending Dr. Paul Burke, for his 4, service as.a member of the Edmonds Park Board. Motion carried unanimously. RESOLUTION OF INTENTION #217: ESTABLISHING UNITS 2 & 3 - SEWERS Mayor Maxwell read a letter from the Snohomish County Health District strongly recommending sewers in these two areas. The soil is shallow and drainage is lacking, and more people will be moving in to the area. A motion was made'by Councilman Olds, seconded by Councilman Bevan that Resolu- tion of Intention #217 be passed to .create local improvement district for installing sanitary 0 374 sewers in Units 2 and 3, with the Health and Welfare clause, that installation of sewers are necessary f6r Public Health and safety. Hearing to be set for November 14, 1967 at 8:00 P.M. in the Edmonds Junior High auditorium. Discussion was opened on the motion. Councilman Tuson said he did not think the Health and Welfare clause should be used because public did not then have the right to protest. Councilman Mc Ginness stated the,City had requested the opinion of the Health Officer and should proceed on this basis. Roll call vote had all councilmen voting in favor. Motion carried unanimously. SET HEARING ON PLANNING COMMISSION RESOLUTIONS NO. 233 & No. 234 City Planner Logan explained that Planning Commission Resolution #233 was to amend the Comprehensive Plan to include the area recently annexed just south of the Meadowdale Jr. High School and to designate that property as described in Planning Commission File No. CP-6-67 as "Single Family Residential". Resolution #234 of the Planning Commission was to amend the Zoning Map of Edmonds by designating as single residential RS-8 and -single residential RS-12 that property as described in Planning Commission File No. AZ-2-67. A motion was made by Councilman McGinness and seconded by Councilman Kincaid that hearing be set for August 15, 1967 on Planning Commission Resolutions #233 and #234. Motion carried. PLANNING COMMISSION RESOLUTIONS NO. 235 & NO. 236 Planner Logan explained that Planning Commission Resolution #235 was denial of rezone on 196th from RS-8 to RML. There had been no appeal to the City Council. Councilman Kincaid moved, seconded by Councilman Slye that the recommendation of the Planning Commission to deny the rezone be upheld. Motion carried. City Planner Logan explained Planning Commission Resolution #236 was denial of rezone from RS-20 to RS-12 that property described in Planning Commission File No. R-5-67. He explained that because of slope the rezone had been denied. -He said originally it had been denied because of lack of sewers, but that they had a very bad drainage problem there, so it was denied the second time. A motion was made by Councilman McGinness, seconded by Councilman Olds that the findings of -the Planning Commission to deny the rezone be upheld. Motion was carried with six councilmen voting yes and Councilman Bevan voting no. CORRESPONDENCE A letter from A. F. Alexander, Mayor of Everett was read by Mayor Maxwell asking to get together on the common problem: garbage. Mayor Maxwell stated that he would notify Mayor Alexander -we would be glad to meet with the interested parties and discuss the problem. Mayor Maxwell read letters from the Department of Health and Water Pollution Control Board approv- ing L.I.D. #153, Sanitary Sewers Main Street and Ninth Avenue. A letter from I. V. Evans, 611 Main Street asking that the alley behind the Carmel Apts. 7th and Main be put back in the condition they were originally. The dust is thick at this time. Engineer Larson stated that the alley had oil originally, and that the City would grade the alley and ask Mattson-Saindon to oil it. A letter from Chester R. Bennett, Attorney was read by Mayor Maxwell concerning proposed L.I.D. #156, paving Main and Olympic. He questions the validity of the City seeking a Declaratory Judgment from the Superior Court on protests. He also stated he wished the City Attorney would draw up some form acceptable to the City for protests. Mayor Maxwell read a letter from Dr. C. Richard Goodhope concerning the same L.I.D. #156 and the decision•of the City Council to ask for a judgment from the Court. Councilman McGinness stated he thought the people were jumping to conclusions, the Council was not deciding one way or the other without Court clarification. He also said he thought the City should set up some form. Councilman Olds felt that the public felt the pressure from petitioners and that they should have to:.appear in person at the Civic Center to register their protest. A letter was read from Ralph V. Schapler, Vice President of the Everett Trust & Savings Bank con- cerning annexation to Edmonds of an area in Westgate, and wanting to know what boundaries the City of Edmonds would consider for an annexation petition. Councilman McGinness moved, seconded by Councilman Harrison that the Everett Trust & Savings -Bank be instructed that the City would con- sider annexation of an area bounded on the west by Woodway Park, on the south by King County, on the north by Edmonds and on the east by 100th Ave. Motion carried. Mayor Maxwell read a letter from G. T & E. Cable Co. informing the City that their work was pro- ceeding on schedule, and they would soon open their division office at 5)3 Main Street. A,letter from James R. Bourne, 8204 188th S. W. was read asking about the installation of an 110,000 volt power line along 188th St. He stated that it decreased the valuation of their prop- erty, besides being a hazard to the children in the area. He also asked if this was in accord- ance with City Code: Engineer Larson stated that it was in accordance with the State Electrical Code. Mayor Maxwell read a letter from Jack J. and Helen C. Paxson in regards to L.I.D. #160 asking modification of the L.I.D. It has been discovered that they do not have a 25 ft. setback as they had believed. Engineer Larson stated that the project is presently being designed with a 50 f t. right-of-way, and it was his recommendation that the City install integral curbs and sidewalks. Councilman Tuson moved, seconded by Councilman Kincaid that L.I.D. #160 have integral curbs and sidewalks. Motion carried. Mayor Maxwell read a letter from Max E. Gellert, 8525 Talbot Road concerning the drainage and septic tank problem in the Talbot Park area. He stated that there was no percolation in his drain field and that this is a problem in the entire area, and he asked for the installation of sanitary sewers in the Talbot Park area as soon as possible, and not later than next year. Engi- neer Larson has had several other inquiries from this area and was instructed to look into the problems and report back to the Council. AUDIENCE PARTICIPATION A lady in the audience who had been served by the Fruitdale -on-the-Sound Water Co. in the past 7 5 • 1 • 11 J said.this was their first year on the city water system and they were very satisfied. Also their bills had not been excessive as some had feared. Captain Shields asked how the schedule on L.I.D. #151 was progressing and when they would be allowed to connect. Engineer Larson re- ported that they were actually ahead of schedule on the project, but that individual connec- tions would hinge on the completion of L.I.D. #140 which will hook on to L.I.D. #151, and that they probably could connect this fall. PROPOSED RECOMMENDATION FOR ZONING CODE CHANGE It had been recommended by the Building Code Committee that side yard setbacks in RML zones be changed from 5 ft. to 10 ft. It was moved by Councilman Tuson, seconded by Councilman Slye that the Planning Commission be instructed to hold.hearings regarding the change in setbacks. Motion carried. APPEAL RECEIVED FROM H. A. OLDS ON DECISION OF PLANNING COMMISSION RESOLUTION #238 A letter from Howard A. Olds in behalf of Earl Stockman appealing the decision of the Edmonds Planning Commission in File No. R-29-66, in denying the rezone from RS to RML property on 196th S. W. Councilman Slye moved, seconded by Councilman McGinness that hearing on the appeal of Planning Commission Resolution #238 be set for August 15, 1967. Motion carried, with Councilman Olds abstaining. Councilman Olds asked about the City obtaining right-of-way on 76th. He said at the present time between 242nd and 244th we have some dedicated land, but that one woman ,for example has a house sitting between property already obtained. She would like to have the City make a decision soon on what they plan to do as it would take approximately 40 feet of land in front of her house and put the road right to her front porch. Councilman Olds moved, seconded by Councilman Slye that the Mayor be authorized to update or obtain appraisals on 76th between 242nd and 244th on both sides of the street for the purpose of acquiring right-of-way. Councilman Kincaid moved, seconded by Councilman Harrison that they table the action on the above motion until the August 15th council meeting. A roll call vote had Councilmen Harrison, Tuson, McGinness and Kincaid voting yes, with Councilmen Olds, Slye and Bevan voting no. Motion to table carried. ORDINANCE NO. 1316 - AMENDING #1314 - WATER AND SEWER REVENUE BONDS, 1967 Attorney Murphy explained that this eliminates the manual signature of the City Clerk, Irene Moran, with a facsimile used, because of her absence due to vacation, but that the Mayor would still sign manually. It was moved by Councilman Slye, seconded by Councilman Bevan that Ordi- nance #1316 be passed. Motion carried. Mayor Maxwell reported that negotiations were being carried on with Olympic View Water District for servicing their sewers. FIRST READING PROPOSED ORDINANCE REDEFINING THE OFFENSE OF LOITERING OR PROWLING Attorney Murphy read the proposed ordinance redefining the offense of loitering or prowling amending section 5.12.00 of the Edmonds City Code and providing penalties. RECOMMENDATIONS FROM PARK BOARD Councilman Slye reported that the Park Board were recommending a walkway be put through Yost Park for better.observation of trees and topography of the area. The Police Department had requested an area for Outdoor Pistol Range. Councilman Slye re- ported the Park Board was recommending useonly on a temporary basis. It was decided that Chief Grimstad give his views to the Council on the use and need of this pistol range before any final decision is made. A report was read from Ron Taylor on the Snohomish County Park Board meeting, in which they proposed a Bond Issue of 2 mills be placed on the ballot for the acquisition and devopment of County Park areas. HEARING SET FOR COMPREHENSIVE STREET PLAN - PLANNING COMMISSION�RESOLUTION #237 A motion was made by Councilman Slye, seconded by Councilman Bevan that hearing on Planning Commission Resolution #237, Comprehensive Street Plan, be set for September 5, 1967. Motion carried. The maps will be made available to the Council members for further study. A lady in the audience asked if further study had been made on how children would be cross- ing Puget Drive to get to the new Olympic School. She was told that.no decision had been made on L.I.D. #158 as yet. There being no further business the meeting was ac August 15, 1967 ROLL CALL Regular meeting was called to order by Mayor Maxwell. All councilmen were present. APPROVAL OF MINUTES • The minutes of the meeting of August 1 had been posted and mailed, and with no omissions nor corrections at this point, they were approved as presented.