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19670905 City Council Minutes379 • 1 September 5, 1967 ROLL CALL The regular meeting was called to order by Mayor Maxwell. All councilmen were present. APPROVAL OF MINUTES The minutes of the meeting of August 15 had been posted and mailed, and since there were no omissions nor corrections they stood approved as presented. HEARING:= FINAL ASSESSMENT ROLL LID #148 Hearing -was held on the final assessment roll for LID #148, paving of loth S. E. and vicinity. Engineer Larson gave the final cost estimate and compared the total project cost of $47,103.46 with the $51,000.00 preliminary estimate. A letter was read from Warren E. Bohon, 1000-22nd Ave. S., objecting to the amount of his assessment because of the work done by him and his wife on city right-of-way in front of their property to -alleviate flooding. Hearing was then opened. Mr. McBurney presented and read a list of 8 complaints which he had against the completion of the project. Mr. Bohon then submitted snapshots of his property to substantiate his letter of complaint, and both he and Mrs. Bohon explained their problem with drainage onto their property before they spent time and money building a bulkhead on the R/W. There was no one else in the audience who wished to comment on this LID and the hearing was closed. A motion was made by Councilman Slye, seconded by Councilman Kincaid that proposed Ordinance #1321 be passed, approving and confirming the final assessment roll for LID #148. Attorney Murphy ex- plained that Mr. & Mrs. Bohon could file a claim for the work they had done and after further in- vestigation, if the council decides that some compensation is due them, the deduction allowed on • their assessment would-be charged to the street fund. A roll call vote passed unanimously to adopt the ordinance. HEARING: ON PLANNING COMMISSION RESOLUTION #237 - COMPREHENSIVE STREET PLAN Hearing was held on Planning Commission Resolution #237,. recommending the adoption of a compre- hensive street plan as set forth in File CP-4-67. City Planner Logan gave an explanation of the recommendations and summarized the minutes of the three meetings when hearings were held before the Planning Commission. Mr. Logan also noted that extensive publicity had been given this matter, and all publications were on file. Letters of protest on the proposed R/W for Soundview Place were read. These were from:- Mrs. Kenneth 0. Welling, Mrs. E. B. Hill, Mr. and Mrs. J. V. Polodna, and Marian H. Thomasson. One letter was read from G. T. Bowen, commending the City for creating a Planning Commission and hiring a City Planner.•and agreeing to the necessity for proposed R/W for logical planning for the future of Edmonds. -Hearing was then opened. Jim Mueller, Casper Street, felt the comprehensive street plan was a good idea, but he had moved to Edmonds with the idea that the narrow streets were desirable. Therefore, he proposed the City widen only the necessary arterials and leave the narrow residential streets that would maintain the small town atmosphere which everyone wanted. Mr. Ingster, 74% Pi. W., stated he couldn't see the'necessity for widening some streets to 60 ft. Stan Sorensen, Talbot Road, said he thought Edmonds had some charming streets here and he could not see widening them. Dick Patterson, 761h W., asked for the proposed R/W on 76w between•242nd and 2441h and then objected to the proposed 80 ft. A gentleman on Olympic View Drive asked for the proposed R/W for that street. Mrs. Welling asked how far was it from the plan to actual construction, and she would hate to have all the streets on the comprehensive plan widened to their proposed*R/W. It was explained at this point that putting these on the comprehensive street plan was primarily for the purpose of controlling setbacks,etc. so that if a wider street were needed in the future, it would not bring the pavement directly to someone's front door. Malcolm DeYoung was interested in the proposed Casper Street LID. Another gentleman asked the reason for widening 76tb. Natalie Shippen asked • if the streets were improved by LID, would they be paved to the R/W width 6n the plan. No one else wished to comment, and the hearing was closed. A motion was made by Councilman Olds, seconded by Councilman McGinness that proposed Ordinance #1322 be passed, adopting the comprehensive street plan. Councilman Harrison stated he hoped for a slight delay in passing this, and Councilman Slye agreed. There was a great deal of dis- cussion, and a motion was then made by Councilman Tuson, seconded by Councilman Harrison that the motion be amended and proposed Ordinance #1322 be tabled to the next meeting on September 19. Following more discussion, a roll call vote was taken on the amended motion, with Councilmen Harrison, Tuson, Slye,'-McGinness and Kincaid voting'in'favor; Olds and Bevan against, and the motion carried to table the proposed Ordinance #1322 to September 19. HEARING: ON PLANNING COMMISSION RESOLUTION #239 - Rezone University of Washington'Property Hearing was held on Planning Commission Resolution #239, File R-10-67, recommending rezoning of the University of Washington property from Open Space to RS-12 and RS-20. Attorney Murphy ex- plained the position of the City of Edmonds in regard to this property: The State of Washington Department of Natural Resources, who manages this property, had requested that the Edmonds Planning Commission not rezone this property at the present time, as the University Board of Regents were exploring the possibility of private development. The city had attempted to ne- gotiate for lease or purchase of the property, and also wanted to zone the tract to regulate possible individual use. The Dept. of Natural Resources representative and a member of the University Board of Regents had attended a meeting with the Mayor and city officials on Friday, September 1 in the Mayor's office. At that time, it was proposed by the Dept. of Natural Re- sources that the city defer acting on a rezone until a future date at which time the city had acquired or decided not to acquire the property, or if the state either leased or sold the property to someone else, they would do so only after the city had been given a chance to rezone it. This latter agreement was to be sent by the state to the city via a letter, which had not as yet been received. Folloahsng some discussion, it was moved by Councilman McGinness, seconded by.Councilman Kincaid that proposed Ordinance #1323 be passed. Hearing was then opened. • Max Gellert, Talbot Road, asked (1) how many acres were involved in the University tract; (2) would the city depreciate the value of the property by rezoning it, and (3) would the city 380 realize any money if it owned the property and logged it off. Mrs. Cunningham stated she favored giving the University the two weeks to send the letter they had promised before taking action on the rezone. Capt. Shields suggested that there was -no hurry if the University would take the city into court should they pass the rezone ordinance tonight. He also favored wait- ing -to hear from them before taking action that might take.the city to court -and -spend the tax - payer's money. Tom Neff, Talbot Park, was in favor of passing the ordinance. Ken Welling re- collected a court case wherein he pointed out that the University probably knows that the city does not have authority to zone state property. William Hamilton noted that the Department of Natural Resources had -promised the Planning Commission a letter, which was never received, and the excuse for not having sent it was•because of forest fires, etc. He felt the city could not provide the revenue expected by the Board of Regents for this property. No one else in the audience wished to comment, and -the hearing was closed. Mayor Maxwell ruled that the motion made at -the beginning of the hearing was not in order. Therefore, the motion was re -stated by Councilman-McGinness,-,seconded by Councilman Kincaid that proposed Ordinance #1323 be passed, rezoning the property in accordance with the recommendation in Planning Commission Resolution #239, File R-to-67.. It was noted that a statement of findings had been heard by the council on this property. Councilman Slye stated he felt the council would be laying thecity open to a court case if the proposed ordinance was passed tonight. A roll call vote was taken, with 6 councilmen voting in favor; Councilman Slye against, and the motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION #240 - ZONING NEWLY ANNEXED PROPERTY Hearing was held on Planning Commission Resolution #240, recommending the zoning of the newly annexed parcel south of Edmonds Way in the Westgate area as described in File AZ-3-67. A map of the area was projected on the screen by City Planner Logan, with an explanation of the zoning of the surrounding area. Hearing was opened, but -since there was no one in the audience who wished to comment on this, the hearing was declared closed. It was moved by Councilman McGinness, seconded by Councilman Olds that proposed Ordinance #1324 be passed, zoning RS-8 and RML the newly -annexed parcel as described in Planning Commission File AZ-3-67 and annexed by Ordinance #1308. Motion carried. CORRESPONDENCE A letter from Hubbard Real Estate for Mes. J. M. Swan was read, inquiring as to what can be done•on 101h Avenue N., just south of Euclid Ave. in regard to inadequate water supply which prevents issuance of a building permit. A letter of appreciation from William A. Wilson thanked the citylbr the help from the north Edmonds sewer contractor in extracting his wife's car when it became stuck in the construction. A letter from Jim Haines commended the Mayor for thecity policy of removing all unauthorized signs from city property and R/W. CLAIMS FOR DAMAGES Council acknowledged receipt of claims for damages from: Wilmer J. Mains of the Tijuana Cafe on Highway 99; Mrs. Lily M. Nelson; and Jack C. Larmore. CONTINUED DISCUSSION ON REQUEST OF POLICE FOR PISTOL RANGE ON PARK 40 ACRES Discussion was continued from last meeting on the request of the Police Dept. for a pistol range on the 40 acres park property. 'At the suggestion of Councilman McGinness, Chief Grimstad had checked on the gravel pit area at Perrinville. He reported that although the owner was Willing to.cooperate, the shooting would annoy the neighbors, possibly precipitate slides in the.pit, and be interrupted occasionally by trucks hauling gravel. Also, he noted that it was difficult to police private property. Councilman Olds stated he would prefer a range on a permanent basis and suggested a comprehensive plan for the 40 acres park.property, taking this into considera- tion. Councilman Kincaid agreed with this. After discussion, it was moved by Councilman Slye, seconded by Councilman Kincaid that this matter be continued to the October•3 meeting. Motion carried. PROPOSED PAWNBROKER'S ORDINANCE - SECOND READING Following second reading of the proposed pawnbroker's ordinance, and discussion of same, a motion was made by Councilman Slye, seconded by Councilman Kincaid that proposed Ordinance #1325 be passed, with a license fee of $25.00. Motion carried unanimously. FIRST READINGS: PROPOSED MOTORCYCLE ORDINANCE - PROPOSED ORDINANCE SETTING TERMS OF PARK BOARD MEMBERS The_.proposed ordinance on motorcycles was introduced for its first reading before council, as was the proposed ordinance for setting the terms of Park Board members. PROPOSED RESOLUTION FOR JOINT S. W. SNOHOMISH COUNTY URBAN ARTERIAL PROJECTS In accordance.with the provision for an Urban Arterial Program financed by a 5/8 of one cent gas tax dedicated to the cities and counties, Edmonds, Mountlake Terrace, Lynnwood and the County.had formed a group toset up an arterial program and submit the list of priority projects in the south county arterial street system before the September 16m deadline. A proposed Reso- lution was presented, with the cooperative priority list for all jurisdictions involved attached thereto. A motion was made by Councilman Slye, seconded by Councilman Kincaid that proposed - Resolution #158 be passed, and the motion carried. PETITION FOR PAVING LID ON 25tht S. FROM 3rd to 5b - REX STRICKLAND 1 1 • 0 1 In regard to the petition from Rex Strickland for a paving LID on 251b S. from 3rd to 51b, it was moved by Councilman McGinness, seconded by Councilman Slye that action be deferred on this peti- tion pending disposition of the proposal in City of Edmonds, Resolution #158, passed this even- ing. Motion carried. • INTRODUCTION•OF PROPOSED AGREEMENT WITH OLYMPIC VIEW WATER DISTRICT The proposed agreement with Olympic View Water District for handling their sewage at a proposed cost of $1.75 per customer was introduced, and..comments on the contract proposal will be heard by council at the next meeting on September 19, PROPOSED. REVISION OF CONSULTING ENGINEER CONTRACT A.letter requesting study and revision of the consulting engineer contract was received from Reid, Middleton & Associates, Inc. There had been no change in this contract for the last 5 to 6 years, and the -proposal submitted by the consulting engineering firm had been .approved by the City Engineer. The proposed change was for one rate io be charged for LID work and another group of rates for non -LID work, with hourly rates for miscellaneous work. It was moved by Councilman Slye, seconded by Councilman Tuson that the Mayor be authorized to sign a new proposed contract-agre_ement with Reid, Middleton & Associates, Inc. for engineering. Motion carried. PROPOSAL FOR TRAFFIC CONTROL LIGHT - INTERSECTION OF 3RD AND DAYTON I.t had been determined that a traffic control light was needed at the intersection of 3rd and Dayton, due to the heavy traffic handled at that point. It was moved by Councilman Tuson, seconded by Councilman Slye that authorization be obtained from the Highway Dept. .to install a traffic control light at the intersection of 3rd and Dayton, and the install- ation.be authorized. Motion carried. APPRAISAL PROPOSALS FOR WATERFRONT PARK ACQUISITION Appraisal proposals for waterfront park acquisition had been received from .Earl Stay and the firm of Butler & Walls: • Earl Stay $700,00 and $100.00 per day if taken to court. • 1 Butler & Walls $125.00 daily to a maximum of $4800.00 and $2800.00 for Sunset Beach Park. It was. moved by Councilman Tuson, seconded by Councilman Harrison that the estimate of $700.00 total cost for appraisal of Sunset Beach Park area by Earl Stay be accepted. Motion carried with Councilman Olds voting against. DISCUSSION OF PROPOSAL TO. -PURCHASE PROPERTY ADJACENT TO HUTT PARK A discussion was held on the proposal to purchase a strip of property approximately 100 ft. wide and 430 ft. long adjacent to the east side of the Hutt park site. A motion was made by Councilman McGinness, seconded by Councilman Kincaid that this matter be referred to the Park Board for study. Motion carried. DISCUSSION OF PROPOSED ACQUISITION OF LAKE BALLINGER PARK Roy Stringer had advised the city that he could not complete purchase negotiations with the owners of the property needed for the Lake Ballinger park. It was therefore moved by Council- man Slye, seconded by Councilman Olds that the Attorney be instructed to start the necessary proceedings to acquire the property in question. Motion carried. REQUEST FOR ORDINANCE TO PROHIBIT SWIMMING,ON LAKE BALLINGER ACCESS AREA A group of Lake Ballinger residents had met with the Mayor in connection with the swimming on the 30 ft. access area on Lake Ballinger. Mr. Boye, spokesman for the group present at this council meeting, stated that the residents on the Lake wanted swimming to be prohibited and .the access area posted for reasons of health, safety, and vandalism. Several residents spoke about the problems encountered with children being deposited by car and left all day unsuper- vised, and the nuisance problem that arose as a result. Mr. Humason felt the children were coming in from King County to swim in Lake Ballinger due to the closure of Echo Lake while construction was going on. Another gentleman noted that not only sanitation problems, but the vandalism and obscenities were a great burden on the people living there. Councilman Olds stated that he wouldlike to see a public beach there, and the 30 ft. access area ex- panded by purchase of adjacent property. A lake front owner noted that Mountlake Terrace planned a beach on the north end of the Lake. Leroy Hill, who said he lived across the street and down several lots from the area in question, felt that the closure of Echo Lake due to the construction was now over, and the opening of that lake to swimming would relieve the situation on Ballinger. A woman complained that the public access area was being used by parents to get rid of their children for the day. Alfred Larson, lakefront resident, said he worried about all the children swimming all day without supervision, and suggested that the access area be posted for boat launching only. Mr. Hill felt an ordinance and posting of such would stop parents from leaving their children there all day.' Mr. Larson noted that the neighborhood children swim on private property on the lake and it wouldn't be feasible to put -in -sanitary facilities as•had been suggested to take care of King County children. A gentleman noted that the residents understood an ordinance would not solve the problem, but it.certainly would help, because if the area were posted, it would probably discourage the children. One .woman suggested the city build -a swimming pool and supervise it. After much discussion, a motion was made by Councilman Tuson, seconded by Councilman Kincaid that the attorneybe instructed to draw an ordinance designating the access area as a public boat launch- ing ramp and prohibiting swimming.- Before the motion came to a vote, it was moved by Council- man Olds, seconded by Councilman Bevan to table the matter to November 7, pending a report from the Park Board. This motion was voted upon by a roll call, and resulted in Councilmen Olds,.Harrison, McGinness and Bevan voting to table; Tuson, Slye and Kincaid against, and the motion to table the matter to November 7 carried. E 382, HEARING DATE RESET FOR UNITS 2 AND 3 SEWER PROTECTS In answer to a request from the City Engineer, it was moved by Councilman Kincaid, seconded by Councilman Olds that the hearings on the preliminary assessment rolls for Units 2 and 3 sewer projects be held on December 12, 1967. Motion carried. CALLS FOR BIDS AUTHORIZED A motion was made by Councilman Tuson, seconded by Councilman Olds that the following calls for bids be authorizeds (1) Sewer pump station telemetering system - bids to be opened October 2. (2) Talbot storm sewer project - bids to be opened September 19. (3) Pickup truck for Park Dept. - bids to be opened September 25. (4) LID #154 - sewers for Alder, 7th to 8th - bids to be opened September 19.. Motion carried. PROPOSED DOG LICENSING ORDINANCE - FIRST READING A proposed ordinance in connection with dog licensing was introduced for its first reading. RESOLUTION #159 - APPLICATION FOR FUNDS TO INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION A motion was made by Councilman Olds, seconded by Councilman Tuson that Resolution#159 be passed, authorizing application to the Interagency Committee for Outdoor Recreation for fund assistance for acquisition of 24.4 acres for Sunset Beach Park and one acre•for Dayton Street Beach Park. Motion carried. PRELIMINARY BUDGET FOR 1968 Mayor Maxwell presented to the council the proposed preliminary budget for 1968. There was no further business to come before the council, and the meeting was adjourned. J LPAW VM 0 September 19, 1967 ROLL CALL Regular meeting was called to order by Mayor Maxwell with all councilmen present except McGinness. Councilman Bevan arrived following the second roll call vote, and during dis- cussion on the easement requested by the PUD. APPROVAL OF MINUTES The minutes of the meeting of September 5 had been posted and mailed, and since there were no omissions nor corrections, they stood approved as presented. PROPOSED ORDINANCE FOR COMPREHENSIVE STREET PLAN Proposed Ordinance #1322 for the comprehensive street plan had been tabled until this meeting, and a motion was made by Councilman Olds, seconded by Councilman Slye thatpro- posed Ordinance #1322 be removed from the table. Motion carried. Several letters of protest against widening of Soundview Place and Wharf Street had been received since the last council meeting, and these were read along with a petition signed by several property owners in the area. Mr. Jim Muleller, Casper Street, read an article to council on neighborhood streets Toeing wider and straighter than is necessary and he again protested widening of streets in the city except where absolutely necessary. Following discussion, a motion was made by Councilman Olds, seconded by Councilman Slye that proposed Ordinance #1322 be passed. Before this was voted upon, it was moved by Councilman Slye, seconded by Councilman Tuson that the ordinance be amended to eliminate Soundview Place and Wharf Street and leave them at their present R/W. However, it was brought to council attention that at present, although Wharf Street is a 40 ft. RIW, Soundview Place has an existing 60 ft. R/W for all but 200 ft. It was thought that with the greater part of this street now a 60 ft. R/W, omitting it from the comprehensive street plan and leaving part of the RIW at 40 ft. would create a jog in the R/W that was not desirable. Therefore, it was again moved by Councilman Slye, seconded by Councilman Tuson that the amendment be changed to state that the comprehensive street plan include-'Soundview Place as a 60 ft. R/W for its entire length, and leave Wharf Street as is at 40 ft. R/W, with the comprehensive street plan map to be changed to reflect these amendments. A roll call vote on this amendment resulted in 4 councilmen voting in favor; Olds against, and the motion carried. A roll call vote on the passage of the ordinance was then taken, and all five councilmen present voted unanimously to pass Ordinance #1322 as amended. PLANNING COMMISSION RESOLUTIONS PRESENTED TO COUNCIL 1 • 1 • Planning Commission Resolution #241, File R-6-67 was presented, recommending the denial of a rezone request for RML for an area on 2384 east of Highway 99. There had been no appeal, and it was moved by Councilman Slye, seconded by Councilman Tuson that the denial for re- zone as requested by Planning Commission in their Resolution #241, for the area as outlined a