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19701117 City Council Minutes124 to the council meeting of November 17. Motion carried. • PROPOSED RESOLUTION FOR ADDITIONAL CITY PARTICIPATION ON 9tb AVE. UAB PROJECT City Engineer Leif Larson -briefed the council on the cost increases with regard to the 91b Avenue UAB project, and recommend proceeding with the passage of a proposed resolution for additional city participipation. Itt was moved by Council- man Slye, seconded by Councilman Haines that proposed Resolution #232 be passed, amending Resolution No. 158 to reflect the -increased costs. Motion carried with Councilman Sanborn voting against. ACTION ON DENIALS FROM PLANNING COMMISSION ON RESOLUTIONS 342 AND 343 Planning Commission Resolution 342 was presented, recommending denial of an amendment to the°Thoroughfare Plan to remove "Collector" classification from 84!h Avenue W. between Olympic View Drive and 188th S.W. There had been no appeal received, and after being briefed by the City Planner on the Planning Commission's reasons for recommending denial, it was moved be Councilman Nordquist, seconded by Councilman Haines to uphold the recommendation of the Planning Commission and deny the request as stated in Planning Commission Resolution 342. ;A roll call vote was taken, with Councilman Slye, Nordquist, Kincaid and Haines voting in favor of denial; Sanborn and Tuson against, and the motion carried. Planning Commission Resolution 343 was presented to council, recommending the denial of an amendment to the official street map, terminating 84th Ave. W. approximately 450 fto north of 186t Street S.W. Councilman Haines made the motion, seconded by Councilman Kincaid that council uphold the recommendation of the Planning Commission in their Resolution 343 and deny this proposed amendment. Motion carried with Sanborn voting against. • SET HEARING DATE FOR APPEAL FROM PLANNING COMMISSION RESOLUTION 341 An appeal had been received from David Larson on the recommendation from the Planning Commission in their Resolution 341, File CP-3-70; to deny an amend- ment to the comprehensive land use plan to^remove "Park" designation from the valley between Yost and Pine Ridge Park sites. It was moved by Councilman Nordquist, seconded by Councilman Slye that the hearing on the appeal on Planning Commission Resolution 341 be set for December 15, 1970. Motion carried. AUDIENCE PARTICIPATION Bill Kasper inquired if the underground wiring petition on 9b Avenue N. and the 91h N. UAB project could be put together as one package to be presented to the property owners. Following discussion, it was moved by Councilman Haines, seconded by Councilman Sanborn to consider the petition for underground wiring and the UAB cost for sidewalks'on 9tb Avenue N. as a joint project. Motion carried. ADOPTION OF STREET BEAUTIFICATION POLICY A letter had been received from the Chairman of the Beautification Committee suggesting providing for beautification during public works construction, and this also had been recommended by the City Planner. Council having discussed this matter, it was moved by Councilman Nordquist, seconded by'Councilman Sanborn that proposed Resolution #233 be passed, establishing the policy that all future public works contracts for the construction of street and • ' thoroughfares for the City of Edmonds shall include in the plans and specifi- cations adequate provisions for beautification and landscaping. Motion carried. PRESENTATION OF PRELIMINARY BUDGET FOR 1971 Chief Administrative Officer D. C. Lawson presented the 1971 Preliminary Budget to council, stating that although the Street and Water -Sewer Departments are very nearly in balance, Current Expense is approximately $197,506. out of balance, mainly because of Police, Fire, and Park Dept. requests. 1971 LIBRARY CONTRACT Consideration of the 1971 contract for -Library services was postponed to a future meeting. There was no/ further business, and the meeting was adjourned at.11;35 P.M. Irene Varney Moran ity Clerk H. Harrison, Mayor , November 17, 1970 ROLL CALL Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present. 0 125 • APPROVAL OF MINUTES The minutes of the meeting of November 3 had been posted and mailed, and with no omissions nor corrections, they were approved as written. OPEN BIDS - $1.000.000.00 WATER - SEWER REVENUE BONDS 1970 Bids were opened for the purchase of $1,000,000.00 Water -Sewer Bonds.; 1970. There were five bids: Net Interest Rate Smith Barney & Co., Inc. 7.0235 % Marshall and Meyer, Inc. 7.28867 `/. John Nuveen & Co. 7.0399 % Seattle -Northwest Securities Corporation and Merrill Lynch,Pierce, Fenner & Smith, Inc. and Associates Foster & Marshall Inc., Blyth & Co., Incl; 6.99835 % Hutchinson, Shockey, Erley & Co., Dain, Kalman & Quail; Richards, Merrill & Peterson, Inc.; Southwick, Campbell, Waterman Co. 7.03310 % Following study of the bids, a report was made by Mr. Bob Yeasting of Foster & Marshall, City of'Edmonds' financial advisors, recommending sale of the bonds to Merrill Lynch, Pierce, Fenner & Smith, Inc. submitted by Seattle -Northwest Securities Corporation. A motion was therefore made by Councilman Haines, seconded by Councilman Nelson that the bid for $1,000,000,00 Water -Sewer 1970 is Revenue Bonds be awarded to Seattle -Northwest Securities Corporation for Merrill Lynch, Pierce, Fenner & Smith, Inc. at the effective net interest rate of 6.99835%., Motion carried unanimously. It was then moved by Councilman Tuson, seconded by Councilman Kincaid that Ordinance #1509 be passed, incorporating a summary of the bids received and awarding the bid to the lowest bidder, Seattle -Northwest Securities Corpora- tion for Merrill Lynch, Pierce, Fenner & Smith, Inc. for the net effective interest rate of 6.99835%. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION #333 Hearing was held on Planning Commission Resolution 333, proposed revised development standards for duplexes and apartments, which had been continued from the council meeting of October 20. City Planner Merlin Logan briefly summarized the proposed revisions in regulations. Mayor Harrison read a letter of protest to the proposed revisions received from Suburban Development Council who had purchased property in Edmonds which would be affected, and they objected to any change. Councilman Sanborn asked that it be in the record that Mrs. Savage, 76th Ave., had phoned him tonight before the meeting to register an objection to proposed revisions and stated that she could not be present at the meeting tonight. Hearing was then reopened. Wes Hodge, Seattle attorney representing the South Snohomish County Real Estate Board, asked the City Planner for explanations on several of the pro- posed changes, beginning with the change in density. Mr. Logan explained this • and also the reasons behind the incorporation of site review by the city, in- creased parking ratio, building height change, and the guarantee of site improve- ments. Mr. Hodge stated that it appeared that the increase in population here and the overcrowding of the land is the primary cause for the density change, and felt that this was not a valid set of reasons. He also thought that there should be bonus areas for height on particular building sites due to their topography, and added that under this fixed set of standards, development would be prevented by people who have held land for years in hopes of developing at a later date, and this certainly caused a hardship and amounted to discrimination against those who didn't build sooner. Mr. Hodge filed with the council a letter of objection to the proposed changes from John L. Hjort, Chairman of the Snoho- mish County Builders. Carl Lanser, realter, objected to the proposed revisions, stating that the city should broaden the tax base, not narrow it by lowering the density. He added that development of property was an economic factor that must be considered. Ray Lee, Seattle attorney representing a purchaser of property in Edmonds, said his client had property in an RMH zone and had planned on building 144 units for limited income renters, but with the proposed revisions and resulting loss, he felt it would amount to inverse condemnation by the city. Gordon Hendrickson, developer, brought up a specific question on what would happen if an apartment building now operating in the city were to burn down and have to be rebuilt. Would this rebuilding have to conform to the revisions and therefore not be the same as before the fire? Finding this to be the case, he suggested a "grandfather clause" in the proposed ordinance to provide for owners of lots prior to the passage of the revisions. Councilman Kincaid and Slye then discussed the merits of pursuing this suggestion further. • One property owner felt council was holding down the density so that no owner would want to build multiple units. Lloyd Nelson, 824 Olympic Avenue, stated that he was part owner of the Ebbtide Apartments on the waterfront, and it would 126 have been financially unfeasible to have built this structure only -three stories • instead of the present five. Also, if the building should have a fire, he would be confronted with the problem of not being able to rebuild the five stories under the proposed revisions. Capt. Shields stated that it seemed to him that cutting taxes on multiple properties would load the taxes onto the single home' property owner, who is already overtaxed. No one else in the audience wished to comment, and the hearing was closed. Councilman Haines noted that the council had reviewed the developments in other cities and felt reduction in the density would make for better developments, and site improvements would serve a purpose because of the necessity of serving these buildings with proper utilities. Councilman Kincaid suggested that the council take these constructive thoughts offered by the audience tonight into a.work session. Councilman Sanborn felt that these revisions had been reviewed for months and the objections seemed to be primarily on the density problem, which he added, was not 33 1/3 %, and as density increases, so do all services and problems. He thought that if the proposed revisions prove not to be workable, the ordinance can be changed, but at least this was a beginning. He also said' that all zoning in a city effects someone, whether multiple or single units. Following more discussion, a motion was made by Councilman Kincaid, seconded by Councilman Slye that this proposal for revised development standards for duplexes and apartments be referred back to a council work session with the constructive suggestions presented tonight, and be again placed on the council agenda for January 5, 1971. Motion carried. Bud Olds, in the audience, stated that he would like to see this matter go back to the Planning Commission. Councilman Sanborn suggested that representatives from the Realtor's Board be included in the review. Councilman Kincaid asked that the South Snohomish County Board of Realtors present its suggested line of thought on these revisions, in writing, to the council for study before the January 5 meeting. • PROPOSED ORDINANCE TO ALLOW CLINIC ON EDMONDS WAY Council had instructed the attorney to prepare an ordinance to rezone two parcels of land on Edmonds Way to allow a clinic, subject to receipt of.a con- tract from the attorney representing the property owners wherein certain re- strictions would be itemized. Attorney Gaylord Riach, representing the Gay property, which had been excluded by council from the proposed rezone, had submitted a letter in behalf of the Gay's and was present to state their objections to being excluded. Mr. Riach stated that the entire parcel of land, including the Gay property, should be rezoned with the same conditions. He felt it was only logical to include it, since one parcel left by itself next to multiple zoning should not be limited to single residential. Mr. Riach concluded by saying that the Gay property owners would be opposed to the rezone unless their parcel was included. Mrs. Perle, 711 - 15th, who lives next to the Gay property, said she objected to the rezone, and a man who lives in the house behind her also stated his objection. Following i►ore discussion, it was moved by Councilman Sanborn, seconded by Councilman Slye to continue this matter to December 1, in order to give the City Attorney time to prepare, as before directed, an ordinance to rezone the parcels 1 and 2 from RS to RML with restrictions as stated in the contract, and excluding the Gay property. A roll call vote was taken, with Councilmen Nordquist and Kincaid voting against, all others in favor and the motion carried. AUDITING OF BILLS • A motion was made by Councilman Haines, seconded by Councilman Slye that the bills in the amount of $790.75 to United States Post Office and $708.75 to General Business Machine Col, Inc. against LID 161 be approved for payment. Motion carried. It was moved by Councilman Haines, seconded by Councilman Nordquist that vouchers # 11,659 through # 11,827 in the total amount of $267,486.62 be approved and the City Clerk be authorized to issue warrants in payment of these regular monthly bills. Motion carried. FIRST READING: PROPOSED ORDINANCE FOR BUDGET TRANSFERS First reading was held for a proposed ordinance listing certain budget trans- fers for 1970, and the Chief Administrative Officer explained these to council. AUTHORIZATION TO CALL FOR BIDS ON EMERGENCY GENERATOR Fire Chief Cooper recommended to council the purchase of an emergency generator to be located at Fire Station 2, to be housed in a metal building on the lot at the rear of the station at Five Corners. It was moved by Councilman Slye, seconded by Councilman Nelson to authorize a call for bids to be opened on December 14 for a 12 KW emergency generator and metal building to be located at Fire Station 2. Motion carried. CLAIMS FOR DAMAGES A claim for damages was acknowledged from Mrs. A. M. Hansen and this was referred'to the City Clerk for processing. 0 127 • GASOLINE SUPPLIES FOR 1971 A letter had again been received from the County inviting the City of Edmonds to again participate in their bid for supplying the gasoline requirements for -1971. A motion was made be Councilman Tuson, seconded by Councilman Kincaid that the City of Edmonds be authorized to join with the County for gasoline supplies for 1971. Motion carried. FIRST READING: PROPOSED ORDINANCE FOR OPTIONAL MUNICIPAL CODE A resolution had been passed to institute the Optional Municipal Code in the City of Edmonds, and since no objections had been received and the 90 day period will expire the first of December, the first reading was held on the proposed Ordinance for Optional Municipal Code in the City_`of Edmonds. FIRST READINGS: PROPOSED ORDINANCES UPDATING CODES Wally Slabaugh, Building Official, briefed the council regarding the meetings held by the Code Committee where they studied these codes, and then recom- mended adoption. First readings were therefore held on the Un iform Building Code, Mechanical Code, Plumbing, Swimming Pool, and Electrical codes; portions and editions. CASH PREPAYMENT ORDINANCE - LID #167 A motion was made by Councilman Slye, seconded by Councilman Nelson that pro- posed Ordinance #1510 be passes, cash prepayment expiration on LID #167. • RENT SUPPLEMENT PROGRAM n A letter had been received from Howard 0. Wilson, requesting passage by the council of a resolution for the FHA rent supplement program. Gordon Hendrick- son, in the audience, stated that there is a requirement of passage of a resolution by the city in order for funds to be provided to the builder. Following discussion, it was moved by Councilman Kincaid, seconded by Council- man Tuson that this request be denied at this time for a resolution for rent supplement program, as -the Mayor has a committee presently studying the several methods available for this purpose. Motion carried with Councilman Nelson voting against. FIRST READING: PROPOSED ORDINANCE SETTING FEE FOR OPEN SPACE TAXATION APPT.TCATTnN In regard to a letter received from the office of the Prosecuting Attorney of Snohomish County relating to fees set by city legislative bodies for applica- tions under the Open Space Taxation Act, first reading was held on a proposed ordinance setting the fee for open space taxation applications. TOPPING TREES ON CHERRY AND 94th A request had been received from property owners asking if they could top some' -trees which had grown up to obstruct their view; the trees located on city right-of-way. The Edmonds Ecology Commission had studied the situation and recommended that these property owners be allowed to do this. Therefore, • ' a motion was made by Councilman Kincaid, seconded by Councilman Slye that permission be given these property owners to have the trees topped not to exceed 20`/0 of their height; done by a licensed firm; and at their own expense; holding the city harmless. Motion carried. CONSIDERATION OF PARTICIPATION IN CIVIL DEFENSE Fire Chief Jack Cooper stated to council that he would recommend not partici- pating financially in the Civil Defense program countywise. It was moved by Councilman Kincaid, seconded by Councilman Nordquist that the'council go along with the recommendation of the Fire Chief and not participate in the Civil Defense per capita this year. Motion carried. SNO - ISLE LIBRARY CONTRACT A motion was made by Councilman Nordquist, seconded by Councilman Tuson to authorize the Mayor and City Clerk to sign the contract for Library service dated January 1971. Motion carried. RESIGNATION OF MARGE WHITEMAN FROM PARK BOARD A letter of resignation from the Park and Recreation Advisory Board was received from Marge Whiteman, and this was accepted with regret by Mayor Harrison. It was then moved by Councilman Nelson, seconded by Councilman Nordquist that a resolution of commendation be prepared by the City Attorney for Mrs. Whiteman. Motion carried. There was no further business, and the meeting adjourned at 11:00 P.M. • Irene Varney Moran, Ci y Clerk H. Harrison, Mayor