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19650720 City Council Minutes241 • Hearing was held on Planning Commission Resolution #119, File No. CP-5-650 recommending an amendment to the comprehensive plan by designating as "Commercial" the west side of 51� Ave. S. from Walnut St. to Erben Drive, and the east side of 51� Ave. S. from Walnut St. to Howell Way. There were no'protests from the audience, and council discussion followed. It was then moved by Councilman McGinness that action on this be deferred until the council had a chance to discuss this with the Planning Commission. He ex- plained that this area was considered strip zoning a few years back by the Planning Commission. There was no second to this motion, and it was then moved by Councilman Slye, seconded by Councilman Harrison that the attorney be instructed'to draw an ordinance amending the comprehensive plan to reflect the change as recommended by the Planning Commission. Motion carried with Councilman McGinness opposing. Hearing was held on Planning Commission Resolution #1202 File No. R-8-65, recommending an amendment of the official zoning map by rezoning from RMH to BC the west side of 51� Ave. S. from Erben Drive north to the present BC zone. There were no protests and it was moved by Councilman Slye, seconded by Councilman Harrison that the attorney be instructed to draw an ordinance amending the official zoning map to reflect this change. Motion carried. There were no further hearings scheduled, and the meeting was adjourned. City Clerk 117 Ma July 159 1965 A special meeting was called to order by Mayor Pro Tem Tuson, with Councilmen Olds, Tuson, Slye, Kincaid and Bevan present. • Bids were opened on the sale of $350,000 General Obligation Park Bonds. Bids were: BIDDER EFFECTIVE INTEREST RATE NET INTEREST COST Foster & Marshall Inc. 3.1675% $68,577.50 Seattle First National Bank 3.1679% 68,585.00 National Bank of Commerce 3.1384% 67,947.50 Bids were then opened for the sale of $440,000 General Obligation Refunding Bonds. They were: BIDDER EFFECTIVE INTEREST RATE NET INTEREST COST Seattle First National Bank 3.30% $1229100.00 National Bank of Commerce 3.293% 121,845.00 The City Treasurer advised that he recommended acceptance of the National Bank of Commerce as low bidder on both issues. It was moved by Councilman Kincaid, seconded by Councilman Slye that the bid of the National Bank of Commerce for the $350,000 Park bonds be accepted subject to approval at the regular council meeting on July 201�. Motion carried. It was then moved by Councilman Kincaid, seconded by Councilman Slye that the bid of the National Bank of Commerce for $440,000 G. 0. Refunding bonds be accepted subject to approval at the regular council meeting on July 2014. Motion carried. Meeting was then adjourned. City Clerk / yor July 20, 1965 V AT.T. P A T.T. 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 July 61�, they stood approved as presented. HEARING - PRELIMINARY ASSESSMENT ROLL - LID #136 Hearing was held on Resolution of Intention #184, proposed LID for paving of 151� S. from Bowdoin Way to Fir; Pine from 141� to 161�; 500 feet on Juniper; and easterly half of 1614 from Pine to Juniper. Consulting Engineer Wayne Jones explained the scope of the project and the zone termini method of assessment. Hearing was then opened. Mrs. Tomlinson, 1440 Juniper, sgid she was in favor of the LID until she received her assessment notice. She asked why everyone was assessed the same. The Mayor answered that it is the zone and termini method as prescribed by btate law. Stan Kozlowski, 1453 Fir, stated he is not on the street being paved, and asked why he was being assessed. Mr. Larson explained that he was within the district and receiving the special benefits of the improvement. Grady Knight, 919 15:!4 S., questioned his assessment figure, and was invited to review the computation with the Engineer. • John Scoll, 912 15:L-h S., presented letters of protest which were accepted by the Acting City Clerk. 242. Gerald Helman, 1439 Juniper, wanted to know what guarantee they had that the total cost • would not increase. The Mayor answered that if anything, a lower bid may allow it to re- duce, but it could not exceed the quoted $8.00 per z.f.f. Mr. Lewellen on Pine St. stated that his street turn into mud in the winter and dirt in the summer, and he was in favor of paying the money to get this cleared up. Mrs. W. Katila of 1043 15' S. asked what percentage of the improvement was needed to pro- test of the LID. Attorney Murphy read RCW 35.43.180. A gentleman on 15t' S. asked how the protests were going to be counted - in public or what is the procedure? And how do they know that all of the protests are going to be added up? The Mayor advised that they would be marked on %.map and it was available for public in- spection. Mayor Maxwell acknowledged receipt of the protests received at the meeting, and explained that property owners have 30 days in which to protest. There wer 17 protests turned in, and 4 received by mail from Lechner, P611obk, Sheets and Ballad. Hearing was then closed, and it was moved by Councilman Slye, seconded by Councilman Olds that Ordinance #1113 be passed, creating LID #136 and ordering the improvement. Motion carried unanimously. HEARING - REZONE - WADE JAMES - PLANNING COMMISSION RESOLUTION NOS. 110 AND 113 This was continuation of a rezone request originally asked for by Wade James, who later wrote a letter to the council dropping the request in his name. This letter was again reqd, and also one from United Savin#s and Loan Association, asking for a 90 day postpone- ment of the hearing due to an impending sale of this property. Councilman McGinness thought that the council should take action on this, but Councilman Olds said he would like to see it postoned for the 90 days as he feels that the property is in the best and highest use. Councilman Olds moved to postone this hearing for 90 days, and Councilman Harrison suggested that this be added to the Planning Commission future discussion with the council. Council- man Olds then moved to set a hearing date on this for August 17:!�, seconded by Councilman Kincaid. A roll call vote showed 4 for, 3 against, and the motion carried. HEARING - REZONE APPEAL - OLSON - PLANNING COMMISSION RESOLUTION #116 • Attorney Murphy presented Planning Commission Resolution #116, recommending the denial of a rezone from Ernest B. Olson for Second Ave. from RS-6 to RML. This was a continuation of the hearing from a previous meeting. Attorney Wilson, representing the Olsons, was present. He explained and passed to the council the sketch outlining the general zoning of the area and property in relation to it. He pointed out that the Comprehensive Plan shows the area as RML, and asked the council to conform to this. Part of Mr. Olsons property is zoned one thing, and another portion differently, with no street separating the two zones. The appeal from the Planning Commission Resolution #116 was regd by the Mayor, and Attorney Murphy read the minutes of the Planning Commission meeting of M4y 269. Charles Shepgrd, attorney for Mr. Crow and other surrounding property owners, stated that he feels that the residences are all outstanding, including the Olsons. He said the real purpose of the Olsons to change the zoning was for investment, and if the small strip of RML was allowed, the homes that have been es- tablished for many years would go down in value. After much discussion, it was moved by Councilman McGinness, seconded by Councilman Tuson, that the appeal and rezone of Ernes B. O1son,.Planning Commission File No. R-6-65, be denied. Motion carried with 5 councilmen for and 2 oppossed. PROPOSED LYNNWOOD - EDMONDS SEWER AGREEMENT Mayor Maxwell read the main parts of the proposed sewer agreement, and added that the contract would make Edmonds part owner of the system. Councilman McGinness questioned the section containing the period of 40 years, and felt that this should not be included, but that the city should have the option to extend this agreement for a longer time. Attorney Murphy agreed that a time limit shouldn't be needed. It was moved by Councilman Tuson, seconded by Council- man Bevan that the Mayor be Authorized to sign the sewer contract with the City of Lynnwood, and be further authorized to strike the 40 year expiration date. Motion carried. AUDITING OF REGULAR MONTHLY BILLS • A motion was mado by Councilman Slye, seconded by Councilman Kincaid that the regular monthly bills be approved for payment, and warrants be issued against the proper funds. Motion carried. CORRESPONDENCE The Mayor read a petition sighed by approximat&ly 13 property owners of Hindley Lane, 8t' Ave. N. and Melody Lane protesting the use of these stree&s as a main access road to a proposed public park. A petition was read for a sewer LID on 195M Street S.W. A letter of resignation from the Park Board was read from Mal Harper, due to his moving out of town. The Mayor then mamed Horace Propst to fill this vacancy on the Edmonds Park Board, to fill out Mr. Harper's term. It was moved I;y Councilman Tuson, seconded by Councilman Harrison to confirm the Mayor's appointment of Horace Propst to the Park Board. Motion carried. AUDIENCE PARTICIPATION Mrs. Bud Little asked if she had any recourse for the noise at the foot of Dayton Street where two shifts are running, day and night. She was advised that the Police are investigat- ing this, and after information is received they will see what, if anything, should be done and advise her. REPORT ON BID OPENING TO DISPOSE OF 1948 HUBER_GRADER Bids were opened for dispos4l of the 1948 Huber Grader on July 20. One bid was received, for $25.00 from Edmard Huntley. It was recommended that the city accept the bid 'and have the unit removed. It was moved by Councilman Slye, seconded by Councilman Tuson that the bid of Edward • Huntley in the amount of $25.00 for the purchase of the 1948 Huber Grader be accepted. Motion carried. REPORT ON BID OPENING FOR LID #133 WARRANTS AND BONDS 243 C Bids had been opened at 1:30 P.M. on July 15 in the office of the Mayor for warrants and bonds on LID #133. Present at bid opening were the Mayor, City Clerk and City Supervisor. Bids were: BIDDER INTEREST RATE PREMIUIfQ NET EFFECTIVE DATE Hughbanks, Inc. Southwick, Campbell, Waterman Co. 4.25% 4.35% .17¢ 4.21% 4.325% .11¢ Grade & Co., Inc. 4.25% .110 4.22% Statewide City Employees Retirement System 4.30% none 4.30% It was recommended that the bid of Hughbanks, Inc. Councilman Tuson, seconded by Councilman Slye that be accepted, and it the -bid of Hughbanks, was moved by Inc. with an interest rate of 4.25%; premium of -170 and netteffective interest rate of 4.21% be accepted and the Mayor be authorized to enter into contract for sale of the bonds and warrants to them. Motion carried. REPORT ON BID OPENING - $350,000 G.O. PARK AND $44o,000 G.O. REFUNDING BONDS Bids were opened before a special meeting on July 15:91. As shown in the minutes of that special meeting, the net effective interest rate of the National Bank of Commerce was the best received in both instances. Resolution #112 was introduc6d to accept both bids, • and it was moved by Councilman Slye,.seconded by Councilman Kincaid that Resolution #112 be passed, accepting the bids of the National Bank of Commerce for purchase of the Park and Refunding Bonds. Motion carried. ATTORNEY'S REPORT The following proposed ordinances were drawn by instruction of the council from the hearings held on July 13, reflecting changes in the zoning and amendments to the compre- hensive plan. Planning Commission Resolution #115: It was moved by Councilman Tuson, seconded by Councilman Slye that proposed Ordinance #1114 be passed, to amend the comprehensive plan by designating as commercial that property south of Dayton, east of Admiral Way and west of 2nd Ave. Motion carried, with douncilman Bevan excluded from voting due to a vested interest in the property. Planning Commission Resolution ##114: Amendment to the official zoning ordinance by creation of the Industrial Park District. It was moved by Councilman Slye, seconded by Councilman Bevan that proposed Ordinance #1115 be passed. Motion carried. Planning Commission Resolution #117: To amend the Official zoning map from CW to IP - the Union Oil Co. property. It was moved by Councilman Kincaid, seconded by Councilman Slye that proposed Ordinance ##1116 be passed and the motion carried. Planning Commission Resolution ##125: To rezone from RS-12 to RS-6 the area west of Olympic Ave. and north of Glen Street. It was moved by Councilman Olds, seconded by Councilman Slye that propesed Ordinance ##1117 be passed. Motion carried. Planning Commission Resolution #126: Changing a buffer strip from Multiple to Duplex • an area between 242nd and 2409 S.W. A motion was made by Councilman McGinness, seconded by Councilman Slye that proposed Ordinance #1118 be passed. Motion carried. Planning Commission Resolution #127: Changing from RML to BC property on 2241' S.W. east of Highway 99, It was moved by Councilman Harrison, seconded by Councilman Slye that proposed Ordinance #1119 be passed, and the motion carried. Planning Commission Resolution-¢#118: Rezone from RMH to BN property on 2nd Ave. S.,. south of sewage treatment Plant. It was moved by Councilman Tuson, seconded by Council- man Harrison that proposed Ordinance #1120 be passed, and the motion carried with Council- man Bevan abstaining from voting because of a vested interest in the property. Planning Commission Resolution #119: Desi-gnating as commercial the west side of 51� Ave. S. from Walnut to Erben Drive, and the east side of 51� from Walnut to Howell Way. It was moved by Councilman Harrison,, seconded by Councilman Slye that proposed Ordinance 1121 be passed. Motion carried witia 6 yes, Councilman McGinness voting no. Planning Commsaion Resolution #120: Rez6ning from RMH to BC the west side of 514 S. from Erben Drive north to the present BC zone. A motion was made by Councilman Slye, seconded by Councilman Harrison that proposed Ordinance #1122 be passed. Motion carried with Councilman McGinness voting against. HEARING DATE SET FOR ASSESSMENT .ROLL (PRELIMINARY) ON PINE, 81' TO 9k A motion was made by Councilman Slye, seconded by Councilman Kincaid that Resolution of Intention #185 be passed, for street improvement on Pine from 8k to 9:21, and the hearing on the preliminary assessment roll be held on August 17. Motion carried. FIRE PREVENTION CODE • The Fire Prevention Code ordinance came before the council for its second reading, and 244 it was moved by Councilman Tuson, seconded by Councilman Bevan that proposed Ordinance #1123 be passed. Motion carried. SET DATE FOR BID OPENING - CONSTRUCTION ON LID 11129 Attorney Murphy reported that the R/W had been acqured, and the city was now ready to call for bids on construction work for LID #129. It was moved by Councilman Slye, seconded by Councilman Tuson that bids for work on LID #1299 paving of 7k Ave. from Pine to approxi- mately 140 ft. north of Cedar, be opened on August 16 at 1:30 P.M. in the office of the Mayor. Motion carried. DATES SET FOR FINAL ASSESSMENT ROLL HEARINGS - LID'S #125, #127, #130, AND #134 Construction having been completed on all four LID's, it was moved by Councilman McGinness seconded by Councilman Slye-that hearings on the final assessment rolls for LID's #125, #1279 #130, and #134 be set for September 7. Motion carried. COUNCIL COMMITTEE REPORTS Councilman Slye reported that the Park Board recommends to the council to enter into negotiations for the property on the west side of the present Sprague Street Park on Hummingbird Hill between Sprague and Edmonds Streets, and also a piece of property adjacent to the present park at Lake Ballinger.* It was therefore moved by Councilman Slye seconded by Councilman McGinness to authorize the Mayor to enter into negotiations for possible purchase of the property on Hummingbird Hill. Motion carried. It was then moved by Councilman Slye, seconded by Councilman Tuson to authorize the Mayor to enter into nego- tiation for purchase of the property nexp, to the Lake Ballinger city park site. Motion carried. Meeting was then adjourned. G� City Clerk ' August 3, 1965 ROLL CALL Regular meeting was called to order by Mayor Maxwell with six councilmen present. Councilman McGinness being absent. APPROVAL OF MINUTES There being no additions nor corrections to the minutes of July 130-special meeting, and the July 20W regular meeting, they stood approved as'presented. HEARING - QUARNSTROM - JOHNSON - PLANNING COMMISSION RESOLUTION NO. 122 This was a continuation of a rezone request by Quarnstrom - Johnson. Discussion was opeened to the audience. Gordon Brown, 1531 Bowdoin Way stated he was against any more commercial zoning in the Five - Corners area, as it now contains more than the Comprehensive Plan calls for. George Beaver, 801 16% Avenue So. was against the commercial area because of the many small children in the area. He felt mere business meant more cars, and the roads are not adequate to take care of the extra, and still maintain safety for children. Robert Bell, 1602 Bowdoin Way felt that further commercial would depreciate the value of the homes in the area. Mr. Littell, 1530 Bowdoin said he was against the rezone for the same reasons as the others. Mr. Quarnstrom stated his property was in a different classification with the other homes in the area, as it would not qualify for F.H.A. now. Hearing was then closed, and it was moved by Councilman Harrison, seconded by Councilman Slye that the City Attorney be instructed to draw an ordinance to carry ou the rezone of the Quarn- stoom - Johnson property, as recommended in Planning Commission Resolution #122. Councilman Olds requested that the hearing for Strom Land Development Co. and the Quarnstrom- Johnson property be together, that he was against the rezone of one without the other. He be- lieved that the whole area should be developed with a plan and not in pieces. Councilman Olds moved that the Quarnstrom - Johnson hearing be tabled until after the Strom Land Development hearing. A roll call vote showed 3 for, and 3 against. Motion defeated for lack of a majority. The motion of Councilman 'to carry out the rezone as previously stated was then voted upon. Motion carried. HEARING - STROM LAND DEVELOPMENT CO. - PLANNING COMMISSION RESOLUTION.#121 It was noted that the views of Mr. Brown, Beaver, Bell and Littell, as stated in the Quarnstrom- Johnson hearing also applied to this rezone. A gentleman in the audience asked if the City had ever considered this area as a park and was told by the Mayor that it had been considered. Mr. Bill Wilson, attorney stated that they were not asking for an amendment to�-the Comprehensive Plan, as it is already inclubd as commercial area. He believed the time is now, that a lot of valuable property cannot be used as now zoned. He also stated that his client was prepared to do everything called for in the plan, and abide by the zoning. That it certainly would not be worse looking than it is now. 1 1 • 1 • 1 1 The :ar ingwasthen closed and a motion made by Councilman Olds, seconded by Councilman Bevan thathe appeal of Strom Land Development Co. be granted and the attorney be instructed to draw an oinance to carry out the rezone as denied by Planning Commission Resolution #121. A roll