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19661220 City Council Minutes• comprehensive plan by designating as "multi -family" Lots 6 and 7, Fruitland Acres Division No. 2 to Lake Ballinger. There had been no appeal, and it was therefore moved by Councilman Tuson, seconded by Councilman Slye that the denial of this request as recommended by Resolution #196 from the Planning Commission be confirmed. Motion carried. Planning Commission Resolution #197 was presented, recommending denial of a petition to rezone from RS-8 (single residential 8,000 sq. ft.) to RML Lots 6 and 7: Fruitland Acres Division No. 2 to Lake Ballinger. There had been no appeal, and it was moved by Councilman Tuson, seconded by Councilman Slye that the denial recommended by Planning Commission Resolution #197 be confirmed. Motion carried. Planning Commission Resolution #199 was presented, recommending denial of proposed amendment to the Comprehensive Plan by designating as "multi -family residential" Lot 1 and the South 15 ft. of Lot 2, Block 11, Plat of Edmonds. There had been no appeal filed and it was moved by Councilman Tuson, seconded by Councilman Slye that the denial recommended by -Planning Commission &solution #199 be confirmed. Motion carried. Planning Commission Resolution #200 was presented, recommending denial of proposed amendment to the comprehensive plan by designating as "multi -family residential" the North 45 feet of Lot 2, and all" of Lots 3, 4, 5, 6, Block 11, Plat of Edmonds. There had been no appeal filed, and it was moved by Councilman Tuson, seconded by Councilman Slye that•the Planning Commission Resolution IP-00, recommend- ing denial of proposed amendment be confirmed. Motion carried. HEARING DATE SET ON FINAL ASSESSMENT ROLLS FOR LID 136, 144, 147, 149 and 152 As requested by the Engineer, a motion was made by Councilman Slye, seconded by Councilman Kincaid that the following final assessment roll hearings be set for January 17, 1967: LID's #136, laving 15% Ave. S., Bowdoin to Fir, Pine from 14% to 16%, Juniper, etc.; #144, paving Aloha, 7m to 8W; #149, sewers Braemar Drive; and #152, watermains, Fruitdale on the Sound. Motion carried. ACCEPTANCE OF FINAL PLAT - TOMMIE PARK #2 • Engineer Larson recommended the acceptance of Final Plat of Tommie Park #2. The City of Edmonds now holds a quit claim deed to Tract B - 20 sq. ft., which we -hold until a road system allows development of proper.-;: erty to the south. A motion was made by Councilman Slye, seconded by Councilman McGinness to accept the final plat of Tommie Park #2. Motion carried unanimously. ORDINANCE #125G AAAMENDING ORDINANCE #1213 - VACATION OF FRONT STREET A letter was received from Pacific National Life Insurance Company requesting the City of Edmonds to lift their Easement from record on Front Street vacation as it puts a cloud on the title. The utilities have already been installed in the right-of-way so there is no need for the easement now. A motion was made by Councilman Harrison, seconded by Councilman Slye that Ordinance #1250- mending Ordinance #1213 by lifting Easement on Front Street be passed. Motion carried unanimously. Councilman McGinness suggested the Council should take some action on the postal situation in Edmonds. He had received his agenda for the Council meeting on December 6, postmarked December 2, and that this was just one of many examples. Councilm an Kincaid stated the South Snohomish Chamber of Commerce had been doing research on the proposed Regional Post Office and didn't believe this was the answer to our problems. They had been trying to meet with the Regional Director in Seattle, but had not succedded as yet. There was no further business and the meeting adjourned. Z �_. .0 sst. City Clerk December 20, 1966 • ROLL CALL Regular meeting of the Edmonds City Council was called to order by Mayor Maxwell with all councilmen present. APPROVAL OF MINUTES Minutes of the council meeting of December 6, 1966 had been posted and presented, and since there were no omissions nor corrections, they stood approved as presented. HEARING: PLANNING COMMISSION RESOLUTIONS #187 - #188 - ALBERTSON WESTGATE PROPERTY Hearings were opened on Planning Commission Resolution #187, recommending amendment of the official Comprehensive Plan Map to designate as "Commercial" certain property described in Planning Commission File No. CP-17-66, and on -Planning Commission Resolution #188, recommending amendment of the Official Zoning Map of the City of Edmonds by rezoning from single residential 8,000 sq. ft. (RS-8) to neighbor- hood business (BN property described in Planning Commission File No. R-17-66. John Erlichman, Attorney for Albertsons' spoke in behalf of the rezone. He said they had at first de- sired a BC zoning, but found that neighborhood business (BN) was sufficient for their needs. An addi- tion to the existing store building, housing small businesses, such as beauty parlor, etc. was planned. The Albertson property has a natural buffer on the north by the Edmonds Cemetery, County Commercial zoning on the east, and Edmonds Way and businesses on the south and west. Mayor Maxwell asked if they were aware they would perhaps not have a left hand turn access from Edmonds Way when the State Highway develops the Freeway Access route. Mr. Erlichman said they had not thought about it, but were faced vrith the same problem elsewhere, and did not think it would make much difference. The hearing was closed, after everyone in the audience had had a..chance to be heard. Councilman Olds asked to speak, and stated that he thought if the shopping areas were redesigned Albertsons', was in an ideal location because of its natural buffer zone, and that there were no objections to the change from the Westgate • area. Councilman McGinness stated he did not believe any further changes should be made in the area until a professional planner could study the area. He stated he believed it was a logical rezone but thought the entire area needed more study. Councilman McGinness moved, seconded by Councilman Kincaid that Planning Commission Resolution #187 and Resolution #188 be tabled until studied by a professional planner. Councilman Olds stated he thought it was an unfair motion, that Albertsons' were entitled to an answer. Attorney Erlichman stated the rezone had been recommended favorably by the Planning Commission. He said he appreciated caution in some instances, but not here, and that the Council would be cornering them by denial, and forcing Albertsons' to work on another technical- ity. Attorney Murphy said the tabling could not be put off indefinitely. Mayor Maxwell said a City Planner would be hired probably in January and could immediately work on the problem. Councilman McGinness then changed his motion on Resolutions #187 & #188 to table further hearing until March 21, 1967. Councilman Kincaid again seconded the changed motion. Roll call vote was taken with Council- men Olds, Harrison and Bevan voting No, and Councilman Tuson, Slye, McGinness and Kincaid voting yes. Motion carried. HEARING: PLANNING COMMISSION RESOLUTIONS #191 - #192 - EXTENDING 80 AVENUE NORTH Engineer Larson explained to the people in the audience the work was being done on the comprehensive street plan to eliminate future problems of population growth with too narrow streets. He stated the utilities were inadequate as they are.now, and that the City has most of the R/W now with a few ex- ceptions. The Plan calls for a 50 ft. right-of-way from Dayton St. north to Casper, 60 ft. from Cas- per to Hindley Lane, 50 ft. from Hindley Lane to 196th Place, and 40 ft. from 196tb Place to 195t6"Place. Hearing was then opened to the public. Mr. Brock;':who owns all of the south side cf Hindley Lane said that 40 feet is now public domain. Mr. Ed. Novak, Attorney for Mr. and Mrs. Lee Johnson, and Mr. Ben H. Hansen, stated the right-of-way desired would take approximately ,one-third of Mr. Johnsons' property, and put the street right up against quite an expensive structure there. The City right-of-way would .put a cloud on the title, and as there is little possibility the street would go through in the near future, Mr. Johnson would have no compensation for his property, and it would make sale of the property practically impossible. He said the City held a 10 ft. utility right-of-way across Mr. Johnsons' pro- perty, so there is no problem in that respect. Mr. Hansen, 800 Hindley Lane said he came to Edmonds two and a half years ago. They had bought this • property because of the privacy. He had been given permission by the City to develop the City right- of-way, and had made a garden spot out of it which was a great improvement. Mr. Hansen then read a list of questions, many of which he could see had been answered by the Engineer previously. Mrs. Burris, from Seattle stated the land desired by the City for right-of-way between Melody Lane and 1960 P1. S.W. was owned by Eleven Property Owners who plan to develop 2 building lots in that area. Jim Simpson, who resides at the end of the Puget Way cul-de-sac said he would like to see the City acquire the right-of-way and clean up the property. Now it is a peat bog, brier patch, and the police have even caught people in there, because it makes an excellent hiding place. Mr. McReynolds who also re- sides on Puget Way said the land behind them was hiding their view, and that he spent time out there cutting down alder and clearing trails, and would like to see the street developed. Mr. Rodeen, Melody Lane asked about the proposed Strickland plat, and the proposed Salt Water park, and wouldn't the access need to be widened. Mayor Maxwell said the Strickland plat had not gone any further and the acquisition of property by the City for a Salt Water park in that area had been dropped. Jim Astell, 800 N. 81h said when he built his home 2 years ago he had been led to believe the existing 42 foot right- of-way Mould be sufficient, but now the City wants an additional 8.feet, and it would have to come from his side of the street. He would rather keep the privacy they now have. Mr. Foote, Hindley Lane & 8tb Avenue said he was against the extension, but could not see why the City did not have the street planned entirely 60 feet, instead of narrowing to 40 feet. Engineer Larson stated the City was trying to do the least amount of damage to property as possible and still provide good access. Mr. Brock stated he at one time had offered property for street, and the city had not wanted it, and the right- of-way property 10 feet wide and approximately 630 feet long had not been bought by the City and he had subsequentley bought it, and that he has made a heavy investment in the area and does not want the street put through. Hearing was then closed and the meeting was recessed at 10:30 P.M. for 5 rdinutes. Mayor Maxwell called the meeting to order. Councilman Olds moved to table Planning Commission Resolu- tion #191, File No. CP-21-66 and #192, File No. CP-22-66 until January 17, 1967 for further study. Councilman Olds stated his reason for tabling was he thought perhaps the street right-of-way should be entirely 60 feet on the 80 Ave. North extension. Councilman Harrison seconded the motion and stated his reason for tabling was that putting through the right-of-way plan without buying it should not be done, and he did not think it practical to buy the property. Councilman Bevan said he did not agree with tabling, that the Council should make the decision at this time. Councilman Kincaid said we have the feelings of the people involved and could make the decision later. A roll call vote was taken on the motion to table the hearing on Planning Commission Resolutions #191, File No. CP-21-66 and #192, File No. CP-22-66 with Councilmen Olds, Harrison, Tuson, Slye, McGinness, Kincaid voting Yes, and Councilman Bevan voting No. Motion carried. HEARING: PLANNING COMMISSION RESOLUTION #193 - ESTABLISHING STREET SYSTEM - 191st ST. S.W., OLYMPIC VIEW DRIVE, WHARF ST. & SOUND VIEW PLACE The Engineer reported this was proposed circulatory road to provide access to a proposed subdivision and subsequent development in the area. Hearing was opened to the audience. Mr. Andrew Nesheim stated the access was sufficient for his property and did not see why he should have roads on three sides of him. Mr. Blodgett, who also has property in the area does not believe the proposed street is in the proper place. Mayor Maxwell said he believed the proposal needed more study. After discussion Council- man McGinness moved, seconded by Councilman Tuson that Planning Commission Resolution #193, File No. CP-24-66 establishing a street system for area bounded by 191st St. S.W. on the south, Olympic View Drive on the East, Wharf St. on the north and Sound View Place onthe West be tabled until the January 17r;L 1967 meeting. After more discussion Councilman McGinness withdrew his motion, and Councilman Tuson, dvithdrew.his:se.cond. Mouncilman McGinness then moved, seconded by Councilman Tuson, that the plan as recommended by Planning Commission Resolution #193, File No. CP-24-66 be referred back to the Planning Commission for further study. Motion carried unanimously. HEARING: PLANNING COMMISSION RESOLUTION #195 - EXTENDING 4th AVE. S. AS 60 FT. R/W TO HOWELL WAY Engineer Larson stated this proposed extension had been previously heard in 1961, but apparentley had not been filed, so the new hearing was necessary. Hearing was opened to the audience. Attorney Charles Sheppard, representing A & P, stated his client must build to the property lime in order to have sufficient parking, and that the 60 ft. right-of-way would take too much parking away from them. Mr. Slabaugh in- formed Mr. Sheppard that a business in a business zone could build without setbacks, and thatS 2 • this would solve part of their problem. No one else wanted to be heard and the hearing wa's closed. Councilman McGinness moved, and Councilman Slye seconded that Planning Commission Resolution #195, File No. CP-20-66 extending 41b Ave. S. as a 60 ft. R/W to Howell Way be approved. 'Motion carried unanimously. AUDITING OF REGULAR MONTHLY BILLS It was moved by Councilman Slye, seconded by Councilman Kincaid that the regular monthly bills of the City be paid, and the City Clerk be authorized to issue warrants #4335 through #4499 in the amount of $83,019.95• Motion carried. AUDITING OF LID BILLS It was moved by Councilman Slye, seconded by Councilman Kincaid that the following bills be author- ized for payment: $1,686.36 to Reid, Middleton & Associates, Inc. for final engineering on LID #136, and the City Clerk be authorized to issue interest bearing warrant to Hughbanks, Inc. in the above smae amount to cover this bill; Against LID #137, $34.95 to the Tribune Review for legal Rublications; $39,633.34 to Stevens Construction Company for contractor's estimate #�; James A. Murphy, $675.00 for final attorney's fees; and Great Northern Railway Co., $25.00 for pipeline crossing R/W permit, against LID #138, and the City Clerk be authorized to issue an interest bearing warrant in the amount of $40,333.34 to Statewide City Employees Retirement System to cover these bills; From LID #139, $56,966.o4 to Alton V. Phillips Co. for contractor's estimate #7; $4,750.00 to James A. Murphy for final attorney's fees; $6.00 to Edmonds City Treasurer, and the City Clerk be author- ized to issue an interest bearing warrant in the amount of $61,722.04 to Grande & Co., Inc. to cover these bills; Against LID #144 to Reid, Middleton & Associates, Inc., $846.12 for final engineering; Edmonds City Treasurer, $2.00 for filing fee, statutory warranty deed; Against LID #145 to Edmonds Tribumie. Review, $34.90 for legal publications; Against LID #146 to Edmonds Tribune Review, $38.50 for legal publications; Against LID #147, Lynnwood Construction Co., $1, 380.33, for final contractor's estimate #3; Reid, Middleton & Associates, Inc., $587.41, for final engineering; James A. Murphy, $225.00 first half attorney's fees; and James A. Murphy, $225.00, second half attorney's fees; From LID #148, $6,277.50 to Ech's Burner Oils, Inc. for contractors estimate #3; $650.00 for James A. Murphy, final attorney's fees; $2.00 to Edmonds City Treasurer for filing easement, and the City Clerk be authorized to issue'interest bearing warrant to Statewide City Employees Retirement System in the amount of $6,929.50 to cover these bills;° From LID #149 to Eerkes Contracting, Inc., $1,384.05 for contractors estimate #3,.fixal; Reid, Middleton & Associates, Inc., $586.21 for final engineering; James A. Murphy, $190.00 for first half attorney's fees; and James A. Murphy, $190.00 for second half attorney's fees; and to the Edmonds City Treasurer, $6.00 for filing fee for 3 easements; Against LID #151 to Reid, Middleton & Associates, Inc., $12,735.00 for engineering interim billing #1; Against LID #152 to Hammond Construction Co., $9,110.08 for contractors estimate #2, semi-final; James A. Murphy, $300.00 for first half attonney's fees; James A. Murphy, $300.00 for second half attorney's fees; • Motion carried. AUDITING OF WATER -SEWER REVENUE BOND ISSUE BILLS It was moved by Councilman Slye, seconded by Councilman Kincaid that the following.:bills be paid: Hammong Construction Co. for contractors' estimate #1, $11,858.18; $1,944.00 to Stevens Construction Co. for pipeline under r/w; $16,047.19 to United States Pipe & Foundry Co. for materials; and to H. D. Fowler Co., Inc., $4,534.33 for materials, and the City Clerk be authorized to issue warrants from the proper funds. Motion carried. ACKNOWLDDGEMENT OF CLAIMS AGAINST CITY: Claims for damages were acknowledged from James E. King for damages resulting from car striking hole and being forced into ditch by Hi School; from Roy E. Lager against LID #152; from .Coryell June Huggins for damages sustained when car hit hole at 5W Ave. So. and 19b Pl. S.E. These were to be forwarded to our insurance company, or the contractor on the job. PROPOSED ORDINANCE TO PROHIBIT A PERSON FROM BEING BEHIND THE WHEEL OF A VEHICLE WHILE UNDER THE INFLUENCE OF LIQUOR The Mayor read the proposed ordinance recommended by the Police Department, to prohibit a person from being behind the wheel of a vehicle while under the influence of liquor. RESOLUTION FOR TRANSFER OF FUNDS WITHIN ANIMAL CONTROL Proposed Resolution #148 was read, transferring funds within animal control, $100.00 from Materials and Supplies and 0300.00 from Vehicle Rental to Board and Disposal of Animals. It was moved by Councilman Slye, seconded by Councilman Olds that Resolution #148 be passed authorizing transfer of -funds within animal control. Motion carried unanimously. • kqCASH PRE -PAYMENT PERIODS EXPIRED - #137 #14 and #146 ItowasemoVedoby.i,Councilmaa:Tusoa.;secoaded by Couxcilmax Slye, that Ordinance #1250 be passed • stating the Cash -prepayment period for LID #137•had expired, and stating amount and lumber of bonds to be issued. Motion carried unanimously. ¢®a A motion was made by Councilmax Stye, seconded by Couxcilmax Olds, that Ordinance #1251 be u passed stating the Cash -prepayment period for LID #145 had expired, and stating amount and number of bonds to be issued. Motiox carried unanimously. It was moved by Councilman Tusox, seconded by Couxcilman Slye, that Ordinance #1252 be passed stating the Cash -prepayment period for LID #146 had expired, and stating amount and number of bolds to be issued. Motion carried unanimously. APPOINTMENT TO PLANNING COMMISSION Mayor Maxwell announced the appointment of William B. Hamilton, 640 - 13+h Way, to the vacancy on the Planning Commission, created by the resignation of Herman Sater. Councilman Tuson moved, seconded by Councilman Kincaid, that the appointment of William B. Hamilton to the Planning Commission be confirmed. Motion carried. BID OPENING SET FOR SEWER TREATMENT PLANT EQUIPMENT It was moved by Couicilmax Tusox, seconded by Councilman Kincaid that the bid opex6ag date for sewer treatment punt equipment be set for January 25, 1966 at 2:00 P.M. in he Edmonds Civic Center. Motionccarried. SET HEARINGS ON PLANNING COMMISSION RESOLUTIONS Plaxxixg Commission Resolution #201 was presented, File No. R-18-66; and Resolution #202, File No. CP-25-66, recommending amendment to the zoning map and comprehensive plan to designate as 40 S. of Howell Way. It was moved by Couxcilman Slye, seconded by Council - commercial ox north max Tuson, that January 24, 1967 be set as the date for hearing on this resolution. Motion carried. Planning Commission Resolution #203 was presented, File No. R-21-66 and Planning Commission Resolution #204, File No. CP-28-66, to rezone aid designate as "Commercial" that certain property lying SE of intersection of Edmonds Way & 91h S. Motion vas made by Councilman Slye, seconded by Councilman Tuson, that January 24, 1967 be set as the date for hearing on these resolutions. Motion carried. PlaRxing Commission Resolution #205, File No. R-23-66 recommending amendment to the Official Zoning Map by rezoning from RNIL to BC that certain property lying on the NW corner of 76w W. and 244Lh S.W. Motion was made by Councilman Slye, seconded by Councilman Tuson, that January 24, 1967 be set as the date for hearing on this resolution. Motion carried with Councilman Olds abstaining. Planning Commission Resolution #206, File No. R-26-66 was presented recommending amendment of the official zoining map by rezoning from Open Space (OS) to RML that certain property on 230!b S.W. at 76!h. Motion was made by Councilman Slye, seconded by Councilmax Tusox that January 24, 1967 be set as the date for hearing on this resolution. Motion carried. Planning Commission Resolution #207, File No. CP-23-66 was presented recommending amendment of the comprehensive street plan by extending 203rd St. S.W. as a 50 fbot r/w westerly from 76tb Ave. W. to 81st Ave. W. It was moved by Councilman Slye, seconded by Councilman Tuson that January 24, 1967 be set as the date for hearing on this resolution. Motion carried. Planning Commission Resolution #208, File No. CP-31-66 was presented recommending adoption by ref- erence of "design standards for major & secondary streets in the state of Washington". Motion was made by Councilman Slye, seconded by Councilman Tuson, that January 24, 1967 be set as the date for hearing on this resolution. Motion carried. Councilman Bevan announced the hearing on the acquisition of property by the Port of Edmonds had been postponed due to a legal technicality until January. There being no further business the meeting was adjourned. January 3, 1967 ROLL CALL yor 711 END OF .... 32........... EXAMINATION e4eJ,Z i. lW STATE EXAMINER Regular meeting was called to order by Mayor Maxwell. All councilmen were present. APPROVAL OF MINUTES The minutes of the meeting of December 20,.1966 had been posted and mailed, and since there were no omissions nor corrections, they were approved as presented. AUDITING OF BILL ON STORM DRAINAGE WORK Contractor's estimate #3 on storm drainage work was presented for payment from revenue bond money, and it was moved by Councilman Slye, seconded by Councilman Kincaid that contractor's estimate #3, semi-final, on storm.drainage system be approved in the amount of $9471.60 and the City Clerk be authorized to make payment to Olympic View Plumbing. Motion carried. 1 • 1 1 0