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19650406 City Council Minutes220 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 • 221 • $33,655.85 of the-total•$ll2,000.00. Several property owners involved in the proposed LID were present, and many spoke. Mr. Les Dunmire stated he was against the street becoming an arterial, as did -several others. Mrs. Evans said most of the property owners would favor a 32 ft. street; -they wanted the street improved, but not to arterial standards. Mrs. Bigford asked why the council was having a hearing at all if the city was participating more than 50%- It was answered that the law stated a hearing shall be held, and the city was conforming to the law. Mrs. Lewallen, Main Street, could not understand why her property was included, as she was told by the party who sold her the property that all assessments were paid, and there would be no further ones against her property. She was told that her property came within the boundary of the 5% zone of the LID. Mr. Myhre, 99 N., spoke in favor of a 32 ft.-roadway. Mr. Bibbins, 826 - 91 N., said he was new to the area, but thought a complete letter.of explanation regarding all phases of a proposed improvement should be made up and mailed to property owners before a project is started. Mr. Moss, 911 Carol Way, read a letter of protest wherein he stated that he believed the city was violating the law in assessing a property which was not directly benefited by the improvement: Mr. Blackbourn, 9m N., felt all the difficulties could be solved with a compromise of a 32 ft. street with parking on one side only, and sidewalk on one side. Mr. Al Simpson, Daley Street, said he had sat on the city council and been a member of the Planning Commission, and'he felt that any reduction in width of.a street, not complying with the comprehensive plan, would be.a mistake that.woubd.be regretted in the future. Several other property owners spoke in favor of a 32 foot street and against an arterial. The hearing was then closed. Councilman Harrison appealed to -his fellow council members to consider a 32 ft. improvement prohibiting parking on both sides of the street, and making the project a regular LID. Discussion followed, and it was finally moved by Councilman Slye, seconded by Councilman Sorensen that proposed Ordinance #1092 be passed, creating LID #1319 for paving of 9m N. from Main to Casper according to arterial standards. A roll call vote resulted in six councilmen toting yes, Harrison no,,and the motion carried. . __. . HEARING - APPEAL FOR•REZONE OF PORTIONS OF 769 W. BYRON.CARTER,_ET AL Hearing was held on the appeal from ByronkCarter, et al, for a rezone of an -'IL" shaped area • on 769 and 2051k, known as Tracts 10 and the s. 200' of Tract 110 Lake McAleer-5 Aare Tracts. Councilman Olds stepped down from the council table during this hearing, and sat in the audience, as he is -.owner of part of the property involved. Planning Commission Resolution #107 recommended denial' of the rezone request, asking that the area be changed from RML to BC. Hearing was then opened. Attorney Jerald Hall, representing Byron Carter, Mrs. Mackey, and Mrs. Edwards, all owners of property involved -in the rezone request, stated that this appeal was for the same area as that shown on the comprehensive plan as being for commercial use. Mr. John Erlichman, representing Mr. Olds, also said that the comprehensive plan officially recognizes this same area as commercial. He added that the state has no plans to change .this area in the next 5 years, and mentioned that Mr. Riley, a representative from the state highway $ept. was present to answer any questions pertaining to state plans. Mr. Erlichman stated that the vicinity was a regional commercial area. He then showed drawings of the Richfield station which is now being built on one piece of the property, and mentioned that when this drawing and plans were shown to residents within a 400 feet radius of the property in question, 70 to 80% of them said they had no objection to the rezone and signed a petition stating so. This -petition was then filed with the City Clerk, Mr. Erlichman ended his talk with the statement that this was not a question of whether to rezone, but when. Mr. Bob Boye, 7702-- 238A S.W., questioned (1) the validity of the comprehensive plan in its entirety, and (2)-the manner in which a building permit had been acquired for the Richfield station. Mr. Guy, 239th Pl., spoke against the rezone.Edwin Metcalf, 1822 N. 205S, was in favor of ,the rezone, feeling that the area was already commercial and the traffic pattern certainly wouldn't change on 2059 or be affected by such action. A Mrs. Richards asked if the highway route would affect this property. Mr. Riley answered that the state cannot tell exactly where highway routes will go, but that the area up for rezone would probably lose some frontage in the widening of 2052 or 2441. Mrs. Mackey, 24312 - • 76b W., said that stalled cars in front of her house caused people to ask to use her phone at all hours of the day and night, -and she had finally had her phone taken out and jacks installed. She was one of the owners asking for the rezone. A lady at 24110 - 77k P1. W. claimed a rezone would make it hazardous for children walking in the area, but another lady replied that she understood that if the rezone was allowed, the plans called for a sidewalk which would -improve the present situation. Mr. Bob Daley spoke -against the rezone, feeling it would decrease the value of the residential property. Mrs. Donna Metcalf, who lives on 205-t, answered- that at the present time she could not get FHA backing for the sale of her home, and the rezone would help. Mr. Dick Patterson -spoke against the rezone, as did Mrs. Ava Patterson, who first read, and then presented a petition against it. The petition was said to have 217 signatures, but some were people who had also signed the petition in favor of the proposed rezone. Bill Wilson, Attorney representing clients for the rezone request, spoke briefly in favor of same. The Mayor then declared the hearing closed, After some discussion, and questions asked the audience by the councilmen, it was moved by Councilman Bevan that the rezone be approved. The motion died for lack of a second. After some further discussion, it was moved by Councilman Slye, seconded by CouncilmanTTuson that the appeal for the rezone be held to the next council meeting of April 20 in order to check the validity of the petitions which had been presented, and give the appeal further study. Motion carried. FINAL PLAT HELD OVER No action was taken on the final plat of "Sierra Highlands" at this time, as the bond had not yet been posted. AWARDING OF BIDS-- LID #125. Bids were opened on LID #125 on April 5'-" at 1:30 P.M. in the office of the Mayor. Present • were Mayor Maxwell, the City Clerk, City Engineer, Consulting Engineer Wayne Jones, Jack 222 Zeiger of Associated Sand & Gravel, Earl Joplin of Joplin Paving Co., and Mr. Chuok.Gearhart, • a Coast Concrete representative who would sub -contract for the firms mentioned. Bids were: Associated Sand & Gravel $8652.00 Joplin Paving Co. 7913.00 p� Washington Asphalt Co. 7900.00 It was moved by Councilman Sorensen, seconded by Councilman Tuson that the low bid of Washington Asphalt Co. in the amount of $7900.00 be accepted for the construction on LID #125, paving of Hemlock Way, 52 to 6A9 and the Mayor be authorized to enter into contract with them. Motion carried. AWARDING OF BIDS - LID #127 Bids on LID #127 had also opened on April 59 with the same people present as under LID #125- Bids for #127 were: Associated Sand & Gravel $646o-50 Joplin Paving. Co. 5848. 75 Washington Asphalt Co. 6138.75 A motion was made -by Councilman Tuson, seconded by Councilman Slye that Joplin Paving Co. be awarded the bid for construction of paving under LID #127, of 61h from Glen to Aloha, and the Mayor be authorized to enter into contract with them. Motion carried- CORRESPONDENCE A letter was read -from the Snohomish County Humane Society asking the city to pave an ordinance to prevent -the sale of -baby rabbitp, chicks, and other Easter animals which -are no longer wanted after the holiday Mayor Maxwell read a letter from Mayor Sam.Hanson of Mountlake Terrace commending John Moran for his participation in a course on "Management Practices for Small Cities" which he completed with an excellent score on the examination.- The Mayor then congratulated Supt. Moran and -pre- • sented him with his certificate. A petition was received and read for an LID for paving Pine from 81' to 9M, and this was referred to the Engineer. AUDIENCE PARTICIPATION Harry Wagner, representing the Edmonds Arts Festival Committee, asked the council if the proposed concession stand location could be changed from the triangle to the Library parking lot. Permission was granted. ATTORNEY'S REPORT Attorney Murphy presented a proposed ordinance to the council which he had been instructed to prepare. It was moved by Councilman Slye, seconded by Councilman Sorensen that proposed Ordinance #1093 be passed, amending the comprehensive plan to change the Lumeden-Francis Center, n�c — property on the corner of 17t S. and 5M S-E- from RML to BN. Motion carried. The proposed ordinance for zoning of this area was then presented, and it was moved by Councilman Slye, seconded by Councilman Tuson that proposed Ordinance •10 4 be passed, amending the official zoning map to zone the property at 5k S.E. and 17A BN. Motion carried. A petition having been received at the last council meeting, it was moved.by Councilman Tuson, seconded by Councilman Sorensen that proposed Resolution of Intention #183 be passed, for a sewer LID on 866 P1. W., and the hearing -on the preliminary assessment roll be set for, May 18. .Motion carried. An ordinance to amend the salary ordinance for the year 1965 by creating two new classifications in the Police Depto was introduced, and a motion was made by Couneilman,Kineaid, seconded -by • Councilman Bevan- that: proposed Ordinance #1095 be passed,. Motion carried. As instructed at the last council meeting, Attorney Murphy presented a proposed ordinance -for rezoning the Winther--property off Highway 99, and it was moved by Councilman Slye, seconded by Councilman Kincaid that proposed Ordinance #1096 be passed, rezoning to BC property on 70 P1. W., north of 228b and• west of Highway 99. Motion carried. COUNCIL COMMITTEE ­REPORTS It was reported that'the Finance Committee had met regarding the $35,000.00 (park) interest warrant being held-by'the Water Dept. It was'the rOcommendation of the Finance Committee that this be paid from the General Budget by.the City Treasurer at his discretion. a The Mayor announced- that the City had received several petitions and letters against the proposed dog leash law, as well as for it, and at this time there seemed to be no great move- ment in the City for such a law. A census report showed that the figure of 2098229 up 697 from last year, would be -preliminary submitted to the State Census Board -for approval. Mayor Maxwell then introduced Mr. Jack Cooper, Edmonds' first full time fire chief, to the souncil and audience. There was no further business, and the meeting adjourned. r U City Clerk or 0