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19701020 City Council Minutessaid appointment to expire October 9, 1971- Motion carried. • It was moved by Councilman Tuson, seconded by Councilman Nordquist that confirmation be given for the Mayors appointment of Robert Dailey and Ed Hayen to the Planning Commission for full six (6) year terms, expiring October 9, 1976. Motion carried. A motion was made by Councilman Slye, seconded by Councilman Nordquist that the appointment of Larry Bailey to'Position 4 of the Park Board be confirmed, expiring October'19,--1976. Motion carried. CONSIDERATION OF ACQUISITION OF MEADOWDALE COMMUNITY CLUB Mayor Harrison stated that the Meadowdale Community Club could be acquired by assuming the $79000.00 indebtedness they have. It was moved by Councilman Slyer seconded by Councilman Nordquist that the Mayor be authorized Venter into negotiations with the Meadowdale Community Club for the acquisition of the property for the $79000.00 indebtedness. Motion carried. Councilman Nelson said we should refer the use of the club to the Park Board. ASSOCIATION OF WASHINGTON CITIES BUILDING FUND ASSESSMENT Councilman Nordquist moved, seconded by Councilman Slye, that this being a one time assessment the City of Edmonds should participate in the Association of Washington Cities Building Fund Assessment. Motion carried. RESOLUTION OF APPRECIATION FOR OFFICER JAMES MARTIN A motion was made be Councilman Nordquist, seconded by Councilman • Nelson that Resolution No. 231 be passed commending James Martin for his services to the City of Edmonds and the citizens thereof. Motion carried'. ORDINANCE AMENDING THE 1970 BUDGET FOR RECEIPT AND EXPENDITURE FOR TOPICS PROGRAM Engineer Larson said this item had not been anticipated for the 1970 budget. It was moved by Councilman Haines, seconded by Councilman Nordquist that Ordinance 1502 be passed amending the 1970 budget, to authorize expenditures from the street Department pursuant to Federal Aid Project Number T-7139 (1), TOPICS street study. Motion carried. A motion was made by Councilman Slye, seconded by Councilman Nordquist that the City of Edmonds accept two parcels of tide lands in front of Jim Haines house and being donated by Jim Haines. Motion carried. Meeting adjourned at 11:00 P.M. t � L4City Clerk H. Harrison, Mayor October 20, 1970 ROLL CALL ` Regular meeting of the Edmonds City Council was called to order by Mayor Harve • Harrison with all councilmen present: APPROVAL OF MINUTES The minutes of the meeting of October 6 had been posted and mailed. Councilman Haines wished it to be noted that he had abstained from voting on the last item in the minutes dealing with the two parcels of tide lands. Councilman Sanborn asked that in the third paragraph of page one the records show that the council had been advised by the CAO that the budget would require as great an amount as was being requested by the levy. The City Clerk asked that an addition to the minutes be made titled Claims for Damages, listing the acknowledgement of claims from Mike Kohary, Richard Farrill, and Donald P. Lawson. Minutes were then approved as corrected. HEARING: FINAL ASSESSMENT ROLL - LID #164 Hearing was held on the final assessment roll for LID #164, Units 5 & 6 sewers. Mayor Harrison gave a brief history of this LID, beginning with the request and including at that time Units 5,6, and 7. It was noted that there were four reasons why the costs had increased from the preliminary to the final notice; (1) construction bids had been received when the contractors's bidding was high before the local Boeing recession; (2) the bad terrain and abnormal conditions in the area; (3) the necessity for an extra pumping station and the standby gen- erator; and (4) the length of time for the project, which made additional interest costs. City Engineer Leif Larson explained the project, mentioning that some contractors who had looked over the area did not even come back and submit a bid on the pro- • ject. He added that the city had received over 50 letters and a petition protest- • ing the high cost and asking for assistance in funding this project. Because of the great number of letters to be read and analyzed, the Engineer recommended that the hearing be continued for two weeks. Mayor Harrison suggested that some of the protestors present be heard tonight, and then the City Attorney and Engineer, as well as the council could go over the written protests and this would necessitate postponing any action for two'weeks. Engineer Larson read the petition which was submitted, signed by several property owners, and stressing the unreasonable charge. All of the protests seemed to be�in regard to the high cost of the project, and some complaints were on assessment of undesirable building sites. Engineer Larson explained the zone and termini method of assessment, and at Councilman Tuson's request, also read the indirect costs for benefit of the audience. Hearing was then opened. John W. Carlson, Tract 118 Meadowdale Beach, had a question on his high assessment, and he asked for a written answer since he lives in Yakima. Mr. Lund, 7812-1?5ib S.W..,said that some of his property is not serviceable by the sewer line and admitted that 90/ of his property is in the 5% zone. He asked if the land is not able to be served, can it be assessed. Dr. Bernhoft,Lot 10, 1706 Talbot Park, stated that his property can be serviced, but no provision had been made to sewer a daylight basement home that he would like to build on this lot. Frank Moffett inquired if property was in the 5/ zone and buffered by property adjacent to -the street where the sewer line ran but served by an easement through this property, does the property adjacent to the street bear the brunt of the assessment and the area in the hinterlands pay less. He was answered that yes, the zone and termini method provided for this, and the side sewer line for connection would then be that much longer for the back areas. Mr. Moffett then noted that in his estimation the cost did not seem excessive. Doug McCorkle, 17328-760 W., asked if a sheet could be distributed to the property owners summarizing and distributing the exact • costs for both the preliminary and final estimates, and itemize the overrun. He asked how the increases in cost are authorized between the preliminary and final totals. Sproule McGinness inquired if 'the law still provided for no more than 10% over the preliminary estimate being chargeable to the property owners. Attorney Murphy answered that no, this had been repealed by the legislature. Bill Harold, Frederick Place, asked if the Engineer was aware of a recent HUD grant given to Seattle, and that the grant was not for a substandard housing area. He felt that another attempt should -be made by the city to ask for supplemental funds from HUD. John King, Talbot Road, had a comment on the figures used to compute the assess- ments, and Stan Sorenson summarized the general grievances of most of the property owners under this LID. He mentioned the University of Washington property, and the City Attorney explained the position of the city in regard to this property. With no one else in the audience having anything further to add to the already written protests, the hearing was closed. A motion was made by &uncilman Slye, seconded by Councilman Haines that council continue this hearing to November 3- -Motion carried. HEARING: ON APPEAL FROM PLANNING COMMISSION RESOLUTION 336 Hearing was held on the appeal of Dr. Hoover et al from Planning Commission Resolution No. 336, File R-2-709 recommending denial of a rezone request for apartment zoning to allow a clinic on the north side of Edmonds Way, across from the Woodway Shopping Center. City Planner Merlin Logan projected on the screen a picture of the area involved and gave the history of prior requests in 1966 and 1968 for rezone of this parcel.• which were denied because of conflict with the comprehensive plan for the area. • Mayor Harrison opened the hearing. Attorney Wes Hodge, representing Dr. Hoover, filed a petition listing names of property owners in favor of the rezone; three of these living in the area of the rezone request. Mr. Hodge noted that the property owners of the three parcels asking for the rezone had offered, in exchange for the rezone, a document for restrictive covenant running with the land on all lots, which would limit the use to clinic purposes. He added that this was not spot zoning with the property immediately across the street zoned BN. He stated that a rezone would 'eliminate the non -conforming use of a dental clinic presently on one parcel in question and also he felt the area was not suited to single family residential along this stretch of highway. Councilman'Sanborn answered that this area along the highway is presently residential with very nice homes; also that he noted the petition carried names of people not in the area of the rezone request; and that some property owners in the immediate area had attended the Planning Commission hearing and were opposed to any rezone at that time. Attorney Murphy stated that he be- lieved contract zoning is valid and the covenant would be on the title and probably would be legally binding. Coucilman Kincaid questioned if in the future, the one story structure could become a two or even three story building, and this was said to be possible. Mr. Blume, who lives directly behind the property in question, said he supported the idea of a clinic, but wished there could be an agreement for not allowing a more than two story building in the future'. He said -he was satis- fied with the present site screening as being sufficient. Discussion followed, with questions being asked the City Attorney on the restrict- ive covenant. It was then moved by Councilman Sanborn, seconded by Councilman Haines that the council direct the attorney to draft an ordinance reversing the recommendation of the Planning Commission, and approve the rezone from RS-6 to RML of parcels 1 and 2, excluding the Gay property, with restrictions such as site screening, no expansion, and the property not to be used for multiple story • building; the restrictive covenant and agreement form to be delivered from Mr. 120 Hodge to Attorney Murphy, with the resulting ordinance to be brought to council • for approval. Councilman Sanborn asked for the record to show that the reasoning on this is that it will be part of a major highway, across the street from a neighborhood business complex with a cafe, printing shop, gasoline station, etc;, plus the fact that a dental clinic is now on the property; and this`is justification not to be disrup- tive to a residential area that is there. Councilman Nordquist felt that the Planning Commission should hear this again with the same facts as,. -council has been presented with. Councilman Nelson inquired about the requirements for front, side and rear yard setbacks.; and noted that under RML the requirements will be greater than for`RS-6. There was also a question on parking requirements for the RML, but Dr. Hoover assured council that this would be adequately taken care of. Councilman Haines noted that being on a highway, this rezone would not be adding to traffic in the area. Councilman Tuson stated that this RML rezone would bring additional re- quests for the same in this area. He added that he was also opposed to contract zoning. Following this discussion, a roll call vote was taken and resulted in' Councilmen Sanborn, Nelson, Slye and Haines voting in favor; Tuson, Nordquist and Kincaid against, and the motion carried'4 to 3. HEARING: ON PLANNING COMMISSION RESOLUTION 333 Hearing on Panning Commission Resolution No. 333 had been continued from the meeting of September 159 proposing revised development standards for duplexes and apartments. City Planner Logan stated that the revised format had resulted from much study. Hearing was opened. Attorney Wes Hodge stated that the South Snohomish"County Real Estate Board re- quested continuance of this hearing to give them and other property owners chance • to review the revisions and give further study to density allowances. No one in the audience was opposed to this suggestion, and the hearing was closed. It was moved by Councilman Slye, seconded by Councilman Sanborn that this hearing on Planning Commission Resolution 333 be continued to November 17, and the motion carried. HEARINGS: PLANNING COMMISSION RESOLUTIONS 339. 340. AND 341 Hearings were continued from September 15 on an amendment to the comprehensive land use map designating the water and submerged land area between the. shoreline and the center of Puget Sound as "Aquatic Recreation"; an amendment to regulate water and submerged land uses in Puget Sound; and an amendment to the official zoning map applying the marine resource district to certain real estate property located generally between the shoreline and the center of Puget Sourid, all in accordance with Planning Com- mission Files No. CP-1-70, z0-4-70, and R-3-70. Hearing was opened following.a progress briefing by the Mayor on the subject. A gentleman living on 188b S.W. stated he was against the proposed ordinances. He said he was in the Cook Inlet area of Alaska when that drilling was taking place; that there was a great deal of money to be derived from the development of natural resources and that with this particular area in a depressed condition at present, he felt Edmonds should consider the possibilities of fees from oil drilling in the Sound, and at the very least, should consider reasonable applications for this and not shut out the possibilities altogether should the oil industry perfect drilling to the degree that would eliminate all possibility of a leak or spill in the future. Attorney Murphy replied that in Section J of the proposed ordinance, it provided for reasonable applications being presented to the city and at that time, perhaps technological developments may have taken place to evidence greater safety in oil drilling. Dick Cole stated that oil spills took place because the oil • companies failed to expend proper preventable measures. He added that this may be a depressed area at present, but that was not comparable to a blackened oil -covered beach. Edgar A. Weymouth, representing the oil industry in the Northwest, showed slides of Los Angeles and other California areas where drilling installations had been established, were housed in modern buildings and did not blight the landscape. He advised that the oil companies had no source of new supply and must find their own resources, which may well be in this off -shore area. Following this, and with no one else wishing to comment, the hearing was closed. A motion was made be Councilman Tuson, seconded by Councilman Kincaid that proposed Ordinance #1503 be,passed, adding to the comprehensive land use plan certain areas of water and submerged land lying generally west of the existing city limits be- tween the shoreline and the center of Puget Sound and designating the same as "Aquatic Recreation", in accordance with Planning Commission Resolution No. 339. Motion carried unanimously. It was moved by Councilman Sanborn, seconded by Councilman Kincaid that proposed Ordinance #1504 be passed, amending the official zoning ordinance by the addition of new sections establishing a new zoning district classification, being the Marine Resource District (MR), setting forth the intent, permitted uses, and pro- viding for a mandatory conditional use permit for certain uses and the criteria therefore, and providing penalties. Motion carried unanimously. A motion was then made by Councilman Nelson, seconded by Councilman Haines that proposed Ordinance #1505 be passed, supplementing the official zoning map by adding thereto certain areas of water and submerged land lying generally west of the existing city limits between the shoreline and the center of Puget Sound and designating the same as "Marine•Resource", in accordance with Planning Commission 0 • Resolution No, 341. Motion carried unanimousle. ORDINANCE AUTHORIZING ISSUANCE OF $1,000,000.00 WATER -SEWER REVENUE BONDS In order to adopt a system or plan of additions.to.and_betterments and extensions of the waterworks utility of the City of Edmonds, including the sewerage system, a motion was made by Councilman Nordquist, seconded by Councilman Nelson that pro- posed Ordinance #1506 be passed, providing for the issuance of $1,000,000#00 Water and Sewer Revenue Bonds, 1970. Motion carried. AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Tuson that the following LID bills be approved for payment; LID #164 - $1,797.54 to Reid, Middleton & Associates, Inc. for engineering services and $29.40 to Edmonds Tribune Review for legal publications, and the City Clerk be authorized to issue interest bearing warrants to Grande & Co., Inc. in the amount of $1,826.54 to cover these bills. Motion carried. A motion was made by Councilman Haines, seconded by Councilman Nordquist that the following bills against the Water -Sewer 1967 Revenue Bond Issue be approved for payment: #65 - $6,544.25 to Reid, Middleton & Associates, Inc. for engineering services and #66 - $5,732.62 to Tri-State Construction, Inc. for final estimate on construction of water mains and sewer on Bowdoin and Walnut. Motion carried. It was then moved by Councilman Haines, seconded by Councilman Nordquist that vouchers #11,474 through #11,658 in the total amount of $296,811.44 be approved, • and the City Clerk be authorized to pay these regular monthly bills. Motion carried. CLAIMS FOR DAMAGES Council acknowledged receipt of a claim for damages from C,E. Magee, and this was referred to the City Clerk for processing. COUNCIL PARTICIPATION Councilman Kincaid brought to council attention the construction on 76t, and after some discussion, it was moved by Councilman Kincaid, seconded by Councilman Haines that Knowles Construction Co. be advised that any late penalties will be assessed according to the contract. Motion carried. Councilman Nordquist noted that the papers had given publicity to Mountlake Terrace regarding the flood problem at Lake Ballinger, and he felt, as spokes- man for the Lake Ballinger Action Group, that Edmonds should take this credit, since the Edmonds,City Engineer had some time ago sent a letter to Mountlake Terrace requesting that they take action on the condition of the Lake caused by runoff from construction projects. Councilman Nordquist also brought to council attention the continuing mess surrounding Roberts Wrecking yard on Highway 99. He suggested council issue a memo to the Police Dept. to notify this business that they must clean up this eyesore. This had been brought to the attention of the owner in the past and nothing has been done. • Councilman Nelson asked that it be he would be out of town on November that night. made a matter of record in the minutes that 3 and unable to attend the council meeting There was no further business to come before council and the meeting was adjourned at 11:30 P.M. Z/ Irene Varney Moran, gity Clerk November 3, 1970 ROLL CALL H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present except Nelson, who had explained at the last meeting that he would be out of town. APPROVAL OF MINUTES Minutes of the meeting of October 20 had been posted and mailed, and with no omissions nor corrections, they were approved as written. ANNOUNCEMENTS Mayor Harrison announced that the City of Edmonds Planning Commission would be holding a hearing on Wednesday evening, November 4 at 8:00 P.M. in the City Council Chambers on the thoroughfare Plan for the City of Edmonds. He invited all citizens to attend. • It was also announced that the Washington Environmental Council would hold an