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19650316 City Council Minutes• MARCH 16, 1965 tznr.r. PAT-T. Regular meeting was called to order by Mayor Maxwell with all councilmen present except Tuson. s APPROVAL OF MINUTES There were no additions nor corrections to the minutes of the March 2 council meeting, and they stood approved as presented. HEARING - LUMSDEN & FRANCIS CENTER, INC. APPEAL Hearing was opened on the appeal of L. B. Lumsden & Francis Center, Inc. Resolution #109 from the Planning Commission recommended denial of the requested rezone of the property located on the NE corner of 171� S. and 51' S.E. from RML to BN. Mr. Lumsden and his attorney, William Wilson, stated that the property was on a corner at the intersection where all other corners were business zoned. After discussion, during which time no one in the audience spoke in opposition, the hearing was closed and a motion was made by Councilman Olds, seconded by Councilman Slye that the appeal be granted and the attorney be instructed to draw an ordinance amending the comprehensive plan and zoning map to rezone the property described from RML to BN. Motion carried. It was then moved by Councilman Slye, seconded by Councilman Kincaid that the Planning Commission be instructed to re-evaluate the comprehensive plan in regard to the BN zone, especially in the Five Corners area, with the possibility of maintaining the present amount of BN acreage in each area. Motion carried. HEARING - PLANNING COMMISSION RESOLUTION #108 • Hearing was opened on Planning Commission Resolution #1081 recommending the rezone from RML to BC property on 781' Pl. W., north of 2281' and west of Highway 99. Mr. Winther, owner of the property in question, was present and stated that since the property is landlocked, business is the only logical zoning for it. After some discussion, the hearing was closed and a motion was made by Councilman Slye, seconded by -Councilman Sorensen that Planning Commission Resolution "#108 be approved and the attorney be in- structed to prepare an ordinance to put into effect the rezone of the above mentioned property from RML to BC. Motion carried. AUDITING OF REGULAR MONTHLY BILLS It was moved by Councilman Slye, seconded by Councilman Kincaid that the regular monthly bills be paid and the City Clerk be authorized to issue warrants on the proper funds. Motion carried. PETITION AGAINST LEASH LAW A petition and letter were presented from a group of people not in favor of a leash law. APPOINTMENT TO PARK BOARD Mayor Maxwell made the appointment, effective April 1, 1965, of Eugene Thornton, 8113 Sierra Drive, to the Edmonds Park Board for a 4 year term. CORRESPONDENCE A�peti.tion was received, accompanied by a letter from Dr. Kenny, Edmonds Health Officer, requesting a sewer LID for Sierra Drive in the vicinity of 83rd. The council answered • that this request hinged on (1) the proposed sewer agreement with Lynnwood, and (2) the sewer survey by Reid, Middleton & Associates expected about May 1. 0 A petition was received requesting sewers for the west side of 21st Ave. S., beginning at the intersection of 21st Ave. S. and 5:!4 St. S.E., thence northerly on 21st Ave. S. approximately 550 ft. Attorney Murphy presented`a proposed Resolution of Intention for this area, and it was moved by Councilman Sorensen, seconded by Councilman Harrison that proposed Resolution of Intention #182 be passed, with the hearing on the'preliminary assessment roll being set for April 20. Motion carried. A letter was read from the Shoreline Community College commending the Edmonds Police Department for several of their - officers having completed a law enforcement course there. Mayor Maxwell showed the council and audience a set of five framed freedom documents which had been presented to the City of Edmonds by the Edmonds Junior Chamber of Commerce. The Mayor acknowledged this welcome gift with thanks in behalf of the City. ATTORNEY'S REPORT Attorney Murphy presented proposed Resolution #104 for the Park Board to work with the Driftwood Players for further development of their cultural activities. It was moved by Councilman Slye, seconded by Councilman Harrison that proposed Resolution #104 be passed. Motion carried. DeCAMP PROPERTY SEWER EASEMENT The appraisal on the DeCamp property sewer easement was submitted by Mr. Earl Stay. He appraised the damages to the property at $25.00. It was moved by Councilman Slye, seconded by Councilman Kincaid that proposed Ordinance #1089 be passed, providing for condemnation proceedings on the property at 100 22nd Pl. S. Motion carried. Attorney 220 Murphy stated he would send a copy of this ordinance to Mr. DeCamp's attorney before beginning condemnation. The Mayor advised that Mr. William King, who is seeking the • sewer easement, would be contacted so that he and the other property owners.needing the sewer could furnish the city with the money to cover the entire costs of acquisition. CONTRACT FOR FIRE DISTRICT #1 PAYMENT TO CITY V Proposed Ordinance #1090 was presented, and it was moved by Councilman Sorensen, seconded by Councilman Slye that proposed Ordinance #1090 be passed, authorizing the execution of the contract for the payment of $32,433.00 in assets from Fire District #1 to the City of Edmonds. Motion carried. CLAIM FOR DAMAGES A claim.for damages was received from Victor Sanders, 1108 Ninth Avenue,.for property damages and injuries received when a tree fell on his house. The City Attorney recommended that the claim be denied, and it was moved by Councilman Slye, seconded by Councilman Olds that the claim for damages from Victor Sanders be denied. Motion carried. COUNCIL COMMITTEE REPORTS Councilman Slye, Chairman of the Park Board, reported that approximately 7000 letters are being sent to voters in Edmonds stressing the need for passage of the park bond issue. Councilman Bevan reported that the Port Commission was studying further expansion of port facilities, but that the exact site had not been determined. Mayor Maxwell stated that the meetings with Lynnwood on a proposed sewer contract were now progressing more favorably than previously. ENGINEER'S REPORT • Engineer Larson reported that after making a preliminary survey of 86t Pl. W., he'had found it possible to sewer this area at this time, and because of the health hazard he recommended the council proceed,.Vwith an LID. It was moved by Councilman Kincaid, seconded by Councilman Harrison that the Attorney be instructed to draw a Resolution of Intention for a sewer LID for 861A P1. W. and some surrounding area. Motion carried. Engineer Larson also reported on his investigation of Excelsior Place, a service lane for which three property owners had requested paving: He felt that paving ofl".this should be delayed until after the proposed Olympic Avenue improvement, which might cause a dhange in road elevation. The City Engineer requested authority to proceed with the acquisition of.the necessary R/W for LID #129, paving of Vh S. This project calls for a 32 ft. roadway with sidewalks on the east side only. It was therefore moved by Councilman Sorensen, seconded by Councilman Slye that the City authorize the Engineer and/or Attorney to proceed with the acquisition of the necessary R/W for LID #129. Motion carried. There was no further business, and the meeting was recessed to Thursday, March 10 at 8:00 P.M. for the Church of God zoning request. MARCH 18. 1965 RECESSED MEETING The recessed meeting was returned to order by Mayor Maxwell with Councilmen Olds, Slye, Kincaid and Bevan present. Planning.Commission Resolution #111 was read, recommending the amendment of Section 12.13.040 • of the Edmonds'City Code by deleting the provision that day nurseries and private kinder- gartens in RS zone districts may not be allowed within 500 ft. of a B or C zoned district. A proposed Ordinance was then read, and a motion was made by Councilman Olds, seconded by Councilman Kincaid that proposed Ordinance #1091 be passed, amending this section to delete the 500 ft. requirement. Motion carried. There was no further business, and the meeting was adjourne City Clerk April 6, 1965 ROLL CALL Regular meeting was called to order by Mayor Maxwell with all councilmen present. APPROVAL OF MINUTES• There being no additions nor corrections to the minutes of the March 169 meeting, they stood approved as presented. HEARING - PRELIMINARY ASSESSMENT ROLL - PAVING 99 N., MAIN TO CASPER Hearing was opened on the preliminary assessment roll for Resolution of Intention #179, proposed p virig`�of �9l' N-- Main to Caspere Protests in the form of petitions and letters had been ..received, which, based on the total cost of the project, amounted to 30.5%9 representing •