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19651005 City Council Minutes• for options on the property involved. Motion carried. RESOLUTION TRANSFERRING FUNDS FROM PARK DEPT TO EQUIPMENT RENTAL FUND Money for purchase of a vehicle for the Park Dept. had been budgeted for 1965 in capital outlay of the Park Dept. However, since the drawing up of the budget for 1965, an equipment rental fund has been established, according to law. Therefore, it was necessary to transfer money for this vehicle from Park funds to the Equipment Rental fund. A motion was made by Councilman Kincaid, seconded by Councilman Slye that Resolution #115 be passed, transferring the sum of $2745.21 from Capital Outlay of the Park Dept. to the Equipmeht Rental fund, and that the rental of this piece of equipment will be set at $102.00 per month. Motion carried. DISPOSITION OF OLD SAFE The safe that used to be in the office of the City Clerk in the old City Hall had been used by the Police Deptl_in the new Civic Center. However, the safe has now served its usefulness and is no longer used. The council decided to authorize the Mayor to have an appraisal made and the City Clerk to call for bids for the sale of the safe, unless disposing of it in this manner would be more costly to the city than the expected revenue from its sale. PARK BOARD REPORT Chairman Slye of the Park Board reported that the Board had recommended that the Mayor appoint someone to form a South Snohomish Park Study Group to aCt as an advisory group to all Park Depts. in the three south county cities. ALLEY - BETWEEN 3rd AND 4: N. OF DAYTON Attorney Murphy presented a proposed ordinance for condemnation of an alley between 3rd and 414, • north of Dayton. It was moved by Councilman McGinness, seconded by Councilman Olds that proposed Ordinance #1142 be passed, providing for the laying off, opening, widening and establishing of an alley between-3rd and 421 Avenues, north of Dayton Street, and providing for the condemnation, appropriation, taking and damaging -of land and other property necessary therefor; and providing for payment thereof. A roll call vote was taken, and the motion carried unanimously. REPORT ON PORT COMMISSION MEETING Councilman Bevan reported that at the last meeting of the Port Commission, the Port had author- ized their attorney to get options on property for expansion of port facilities,. and that they also discussed the relocation of the old sewer outfall that is presently a storm sewer outfall. There was no further business, and the meeting was adjourned: City Clerk f Ma r MONDAY, OCTOBER 49 1965 Hearing was held according to law to adopt the final budget for 1966. Mayor Maxwell called the meeting to order with all councilmen present. The Mayor then opened the hearing. There was no one in the audience to comment on the proposed 1966 Budget, and the hearing was closed. • After going over the budget, it was moved by Councilman Tuson, seconded by Councilman Slye that proposed Ordinance #1143 be passed, adopting the final budget for the City of Edmonds for the year 1966. A roll call vote was taken, and the motion carried unanimously. It was then moved by Councilman Slye, seconded by Councilman Olds that proposed Ordinance #1144 be passed, levying the taxes for the City of Edmonds for the year 1966. A roll call vote was taken, and this motion carried unanimously. A copy of the proposed Salary Ordinance for 1966 was presented for its first reading. Meeting was then adjourned. City Clerk /M or October 5, 1965 ROLL CALL Regular meeting was called to order by Mayor Maxwell with all councilmen present except Harrison, who arrived later. APPROVAL OF MINUTES The minutes of the meeting of September 21 had been posted and mailed, and the Mayor suggested that under the heading of Park Board Report, the name of Snohomish @ounty be added to the list along with the three south county cities to be served by a proposed Park Study Group. The • minutes then stood approved as amended. 254 HEARING - APPEAL OF BYRON CARTER, ET AL • Hearing was opened on the appeal of Byron B. Carter, Jr., et al from the Planning Commission decision in their Resolution #134 to deny a rezone from RML to BN property known as Tract 10 and the south 200' of Tract 119 Lake McAleer Five Acre Tracts, File #R-14-65. Councilman Olds sat in the audience and did not take part in the hearing or the voting. Attorney John Erlichman spoke for the property owners. He stated that at the meeting of the Planning Commission when the rezone was denied, the lady who made the motion said that she could see no change in the request from the previous time when the application had been made and denied. Mr. Erlichman stressed that there was a change; that they had previmusly asked for a more extensive commercial zoning, and were now asking for BN. He listed three points: (1) that the level of zoning (BN) would validate the comprehensive plan in that this area was logical for neighborhood convenience facilities, and this application conforms to the com- prehensive plan, requiring no change as far as it is concerned, (2) there is a service station at present on this property that has a residential type of architecture to blend well with the surrounding neighborhood, and it is doing a phenomenal volume of business, and (3) all building plans for the proposed center were on file and had.been checked by the Edmonds Building Dept., and therefore the city would know in advance exactly what was going to be built on the property if the rezone were granted. There was no one in the audience to comment on the appeal, and the hearing was closed. After looking over the proposed building plans and reviewing the history of the past applications, including the various petitions both for and against the proposed rezone, and following discussion, it was moved by Councilman McGinness, seconded by Councilman Tuson that the Appeal from the Planning Commission's decision be granted for the N. 384' of Tract 10, Lake McAleer Five Acre Tracts, less the n. 10' and east 40' for road, and BN zoning be allowed as requested; but that the decision of the Planning Commission be upheld on the remainder of the property included in the appeal. Councilman McGinness then went on to explain his reasons for making this motion: He stated that the property which he felt should not be allowed the rezone at this time was at present being used, whereas the area he felt should be given the rezone was. at present being denied it use ,ccording to the comprehensive plan, and was just sitting there idle except for the service station. Councilman Tuson added that he felt the same way as • Councilman McGinness, therefore had seconded the motion. Councilman Kincaid said he felt there should be more review of the area between 761� and the highway. A roll call vote was then taken, and Councilmen Tuson, Slye, McGinness and Bevan voted in favor; Councilman Kincaid against, and the motion carried, with the Attorney being instructed to prepare a proposed ordinance to be acted upon at the October 199 meeting. HEARING - APPEAL OF GOST. HOOSE & HARRIS Hearing was opened on the appeal of Gost, Hoose & Harris from the decision of the Planning Commission in Resolution #132 denying their request for a change in the comprehensive plan and a rezone from RMH and RD to CG for the property described as the east 163' of Lot 3, Lake McAleer Five Acre Tracts, Planning Commission File No. R-17-65. Attorney Alfred 0. Holte represented the property owners asking for the change, and he stated that they were willing to reduce the zoning from the originally asked for CG to BN. The rezoning, if granted, would allow the present building plans to be moved ahead several feet and thus give more parking area in the rear. A cyclone fence would be erected to screen the roadway from the residences to the east,, and the roadway would be paved and dedicated to the City. Mr. Holte also intro- duced pictures of the property as it is at present and then drawings of what the plans would be if the rezone, etc. were allowed. Several property owners - Mr. Meyers, Mr. Pete Hensel, Mr. Muir, and one other gentleman, all residents of the cul de sac east of the area in question, were present and all spoke against the rezone. Their main objection was to prevent the encroachment of commercial zones into residential areas without keeping a buffer zone. They felt the original buffer should be maintained. Hearing was then closed. It was moved by Councilman Slye, seconded by Councilman McGinness that the decision of the Planning Commission in their Resolution #1329 to deny the change in the comprehensive plan and rezone of the property in Files R-17-65 and CP-9-65 be upheld and the appeal be denied. A roll call vote was taken, and the motion carried unan- imously. • HEARING - COMPREHENSIVE PARK & RECREATION PLAN Hearing was opened on the comprehensive park and recreation plan. There was no comment from the audience in regard to this, and the hearing was therefore declared closed. A motion was then made by Councilman Slye, seconded by Councilman Harrison that the comprehensive Park & Recreation Plan as recommended by the Planning Commission be approved and the attorney be instructed to prepare an ordinance to adopt it. Motion carried unanimously. REQUEST FOR TWO-WAY TRAFFIC ON 41� AVENUE A letter was received from Mrs. Charles Sellers expressing gratitude for the widening of, Fourth Avenue between Bell and Dayton. It was accompanied by a petition, with 18 si-gnatures asking the city to eliminate one way traffic on 41� between Main and Bell Streets. A second petition with 15 signatures was received for the restoration of the two-way traffic pattern on Fourth Avenue. Council decided to set the meeting of October 191� as an informal hearing on these petitions for the proposed changing of 41L Avenue from one way to two way traffic. AUDITING OF LID BILLS It was moved by Councilman Slye, seconded by Councilman McGinness that the bill from the Tribune Review in the amount of $17.02 against LID #125 be paid. Motion carried. Councilman Slye moved, seconded by Councilman McGinness that the bill from James Murphy for second half legal fees in the amount of $255.00 against LID #126 be paid. Motion carried. A motion was made by Councilman Sly,, seconded by Councilman Tuson that the bill from the Tribune Review in the amount of $17'.12 against LID #127 be paid, and the motion carried. • • It was moved by Councilman Slye, seconded by Councilman Olds that the bill against LID #129 in the amount of $5631.75 be paid to Joplin Paving Co. for contractor's estimate #l. Motion carried. It was moved by Councilman Slye, seconded by Councilman Olds thatthe following bills against LID #130 be paid: $812.56 to Reid, Middleton & Associates, Inc. for total engineering servaces, and $17.00 to the Tribune Review for printing. Motion carried. A motion was made by Councilman Slye, seconded by Councilman Olds that the bills against LID #133 be paid: $1450.00 to James Murphy for first half attorney's fee, and $20,675.70 to Washington Asphalt Co. for contractor's estimate #2; and that the City Clerk be authorized to iddue interest bearing warrants in the amount of $229125.70 to Hughbanks, Inc. to cover same. Motion carried. A motion was made by Councilman Slye, seconded by Councilman Tuson that the bill from the Tribune Reiriew in the amount of $17.38 against LID #134 be paid. Motion carried. It was moved by Councilman Slye, seconded by Councilman Tuson that the bills against LID #135 be paid as follows: $14,910.64 to Lynnwood Construction Co. for contractor's estimate #3, and $500.00 to James Murphy for first half legal fees, and that the City Clerk be authorized to issue interest bearing warrants in the amount of $15,410.64 to Grande & Co., Inc. to cover this. Motion carried. APPOINTMENT TO PARK BOARD Mayor Maxwell appointed Mrs. Rachel Setchfield as a member of the Edmonds Park Board, effective immediately, and it was moved by Councilman Kincaid, seconded by Councilman Slye to confirm the Mayor's appointment. Motion carried. APPOINTMENT TO PLANNING COMMISSION • The Mayor made the appointment of Horace Propst to the Planning Commission, to fill out the unexpired term of Barbara Engler. It was moved by Councilman Slye, seconded by Councilman McGinness that the appointment of Mr. Propst be confirmed. Motion carried. PAYMENT OF $1500-TO SCHOOL DISTRICT #15 A motion had been made on July 61� to pay the School District the $1500 as agreed for their sewer facilities that were connected to LID #135. After study of the situation, it was decided not to pay the money from the LID, and it was moved by Councilman Tuson, seconded by Councilman Harrison that the payment of the $1500 to School District #15 for the sewer line originally connecting the Maplewood School be paid for out of Water and Sewer funds, and not from LID #135 funds. Motion carried. REPORT ON PROPOSED STORE FRONT REMODELING Because of several letters and numerous conversations between members of the Edmonds Chamber of Commerce and City officials in connection with the remodeling of store fronts, the Mayor reviewed the situation and advised that as far as the City knows, there are no pending plans for any store front remodeling. REPORT ON AIR POLLUTION CONTROL PROPOSAL It was noted that last Spring the Edmonds Rod & Gun Club had written the City to ask what was being done by the City of Edmonds in regard to air pollution control. At the time; the City was not aware of a particular problem locally. Mayor Maxwell proposed that we now get started on an air pollution control ordinance, and council authorized the Attorney to investigate and prepare a proposed ordinance for this. It was then moved by Councilman McGinness, seconded by Councilman Olds that the Edmonds City Council go on record as supporting the City of Seattle and King County in the initiation of a program against air pollution, and offer our support to • whatever extent we were able, and that the Mayor so notify them. Motion carried. FIREMEN'S PENSION BOARD Mayor Maxwell advised that the members of the Firemen's Pension Board were as follows: The Mayor as Chairman; City Treasurer A. P. Severson; City Clerk Irene Varney Moran; and two members of the Fire Dept. as elected by the Firemen - Al Jakobitz for a 2 year term, and Jack Weinz for a 1 year term, with Lewis Milholland as Alternate. The firemen's terms to be from October 1, 1965. SET HEARINGS FROM PLANNING COMMISSION RESOLUTIONS Attorney Murphy asked that the following 4 hearings on Resolutions to come from the Planning Commission be set for a hearing date: (1) Harry Head - recommendation to amend the aoning ordinance to change from RML to BC the property at 78ti'' W. and 225k P1. S.W. (2) A resolution to change the comprehensive plan and zoning ordinance from RML to BN the North Star Sand & Gravel property at the S.E. corner of 5k and 25t' S. (3) To amend the zoning ordinance to change the setbacks in certain zoning districts from the proposed street R/W rather than from existing R/W. (4) To amend the zoning ordinance regulating plan unit developments by changing the number of acres required to a minimum of 10 acres for all plans. It was moved by Councilman McGinness, seconded by Councilman Slye that October 1914 be set as the date for hearings to be held on these four Planning Commission recommendations. Motion carried. TRANSFER OF FUNDS • It was moved by Councilman Tuson, seconded by Councilman Slye that Resolution #116 be passed, authorizing the transfer of funds from the sale of bonds to the Water and Sewer Fund.. Motion • carried. There was no further business, and the meeting was adjourned. City Clerk October 199 1965 ROLL CALL Regular meeting was called to order by Mayor Gordon Maxwell with all councilmen present. APPROVAL OF MINUTES The minutes of the meeting of October 51h had been posted and distributed, and there being no additions nor corrections, they stood approved as presented. HEARING+ REZONES PLANNING COMMISSION RESOLUTION #136 Hearing was opened on Planning Commission Resolution #1360 recommending a rezone from RML to BC property owned by Mr. Harry Head at 781h W: and 225A P1. S.W. Mr. Head was present and , stated th4t he wished to have this change so that all the property owned by him at this location would be zoned the same. The minutes from the Planning Commission hearing on this were read, and it was noted that two petitions had been received by the Planning Commission - one in favor and one against. Therewwas no one else in the audience to speak for or against this proposed rezone, and the hearing was closed. It was moved by Councilman Slye, seconded by Councilman • Kincaid that the Attorney.be instructed to prepare an ordinance'to be acted upon at the next council meeting to rezone this property from RML to BC as recommended by Planning Commission Resolution #136 in their File R-18 -65. Motion carried. HEARING - NORTH STAR SAND & GRAVEL - PLANNING COMMISSION RESOLUTION #137­ Hearing was opened on Planning Commission Resolution #1379 recommending change in the comprehensive plan and rezone of the North Star Sand & Gravel property from RML to BN. This property is located at the S.E. corner of 59 and 259 S. It was noted that this change was being proposed so as to allow a Shell Service Station to build on that corner. The minutes from the Planning Commission hearing were read to the council. Attorney Wilson, speaking for the applicant, requested that the recommendation of the Planning Commission be taken and that the comprehensive plan change and rezone be allowed. There was no one in the audience to speak for or against the proposed change, and the hearing was closed. After discussion, it was moved by Councilman Olds, seconded by Councilman Slye that the Attorney be instructed to draw an ordinance,to amend the comprehensive plan and reeone the property from RML to BN as recommended by Planning Commission Resiolution.#137 in their files CP-7-65 and R-15-65. Following the motion, and before the council vote was taken, Councilman McGinness spoke against the motion. He stated that he'felt,that a gasoline station was not needed on every corner, and that the comprehensive plan should not be changed in this case, but remain as showing this area RML. A roll call vote was taken, and Councilmen Olds, Stye and Bevan voted for the change; Councilmen Harrison, Tuson, McGinness and•Kincaid against. The motion failed to carry, and the rezone and comprehensive plan change were denied. HEARING - PLANNING COMMISSION RESOLUTION #138 - CHANGING SETBACKS Hearing was opened on Resolution #138 from the Planning Commission, recommending the amendment of the zoning ordinance to change setbacks in certain zoning districts from the proposed street R/W rather than from existing R/W. The only person speaking from the audience was a builder who complained that he and other builders would not like the ohangelbedause in some cases, it • could cause loss of space in a building.: After discussion, it was decided that each coundilman would receive a copy of the proposed ordinance before the next council meeting, and the hearing was closed. A motion was then made by Councilman McGinness, seconded by Councilman Slye that the Attorney be instructed to draw an ordinance in connection with Planning Commission Resolution #138, to amend the zoning ordinance in relation to setbabks.' Motion carried. HEARING! PLANNING COMMISSION RESOLUTION #139 -_REGULATING PLAN UNIT DEVELOPMENTS Hearing was opened on Planning Commission Resolution #1399 recommending amendment of the zoning ordinance regulating plan unit developments by changing the number of acres required to a minimum of 10 acres for all plans. Captain Shields, in the audience; spoke in favor of five acre tracts, rather than ten. After discussion, during which time it was thought that perhaps 5 acre tracts would be better for residential areas, the hearing was closed. A motion was made by Councilman Slye, seconded by Councilman Harrison that the Attorney be instructed to draw an ordinance to carry out Resolution #139 of the Planning.Commission, with the amend- ment that residential plan unit developments be reduced to 5 acres. A roll call vote resulted in Councilmen Olds, Harrison, Slys and Bevan voting yea; Tuson, McGinness and Kincaid voting no, and the motion carried. INFORMAL HEARING -PROPOSED TWO-WAY TRAFFIC ON 4a Two petitions had been received for changing 41% Avenue from one-way to two-way traffic. Informal hearing was opened. The City Engineer had reported that with two-way traffic, it would be impossible to have the diagonal.parking on one side and parallel on the other between Main and Dayton; and that parking would have to be parallel on both sides, or even on one side only. Mrs. Angie McGibbon, in the audience, -said that she found it difficult to drive now with, the diagonal and parallel parking in that one spot; that it hindered good vision around that curve. It was mentioned that the traffic did not flow well at times at the IGA and Bank corner. Councilman MoGinness suggested that if council wished to approve the two-way traffic, the change • be incorporated in the proposed traffic ordinance which his committee would have ready to