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19670307 City Council Minutes342 ACQUISITION OF R/W FOR FORSYTHE LANE • A motion was made by Councilman Olds, seconded by Councilman Harrison that the Mayor be authorized to proceed with the acquisition of the necessary R/W up to the end of the apart- ment development on Forsythe Lane. Motion carried with Councilman Slye abstaining. CATV AMENDED CONTRACT Due to change of name from Televue of Edmonds to Edmonds Cablevision, and change ship from a corporation to sole ownership by Walter Nelskog, an amended contract mitted for gpproval. It was moved by Councilman Kincaid, seconded by Councilman the Mayor be authorized to sign the amended CATV contract subject to the approval Attorney. Motion carried. HEARING DATE SET FOR PLANNING COMMISSION RESOLUTION #223 Planning Commission Resolution #223 was presented, recommending establishment of dates. It was moved by Councilman Olds, seconded by Councilman Slye that hearing Commission Resolution #223 be set for March 7. Motion carried. , PROPOSED RESOLUTIONS OF INTENTION of owner - was sub- Slye that of the meeting on Planning The following proposed Resolutions of Intention for curbs, gutters, sidewalks and storm drainage will be brought up at the March 7 meeting: On Olympic Avenue from Main to Olympic View Drive; 2514 S- from 200 ft. south of 5:14 S.E. to llk S.E.; on Casper from 3rd to 9k9 99 N. from Casper to Puget Drive, and Puget Drive from 91h N.-to 200 ft. east of Olympic Avenue. None to exceed a cost of $10.00 per zone front foot. PRELIMINARY APPRAISALS OF WATERFRONT PROPERTY Council acknowledged receipt from Roy Stringer and Carl Lanser of preliminary appraisals of waterfront properties for proposed park acquisition. PLANNING COMMISSION RESOLUTION #217 A motion was made by Councilman Slye, seconded by Councilman Kincaid to confirm the rezone denial of the Planning Commission in their Resolution #217- Motion carried. There was no further business, and the meeting was adjourned. CITY CLERK March 7, 1967 ROLL CALL In the absence of Mayor Gordon Maxwell, the regular meeting was called to order, -',,by Acting Mayor Protem A. L. Kincaid, with all councilmen present except Tuson and McGinness. APPROVAL OF MINUTES The minutes of the council meeting of February 21 had been mailed and posted, and since there were no omissions nor corrections, they were approved as presented. i HEARING::, FINAL ASSESSMENT ROLL - LID #152 Hearing was held on the final assessment roll for LID #152, Fruitdale-on-the-Sound watermains. The City Engineer explained.the final costs of the project, which were approximately 10% over the preliminary estimates`. Two letters of protest were read: from George C. Grant asking for an appointment to discuss the legal description on his assessment. This was referred to the Engineer. A letter from Helen Hinde protesting the computation of footage on her assessment was also referred to the Engineer. Hearing was then opened. Mr. Stavney stated he had checked over all the bids and estimates and wanted to know where and how the pipe for this project was purchased; also why was extra fill needed, etc. He was referred to the Engineer. Mr. Haviland, 19013 Sound View Place, said that the area had not been restored to the same condition as before the project began. A lady protested poor restoration and ditches, as did Mr. Abbott, Sound View Place, who was also interested in the meaning of appurtenances and the manner of payment of assessments. No one else wished to speak on the project, and the hearing was closed. It was moved by Councilman :Olds, seconded by Councilman Slye that proposed Ordinance #1215 be passed, approving and confirming the final assessment roll of LID #152. A roll call vote showed all councilmen voting in favor, and the motion carried unanimously. HEARING: PLANNING COMMISSION RESOLUTION #218 Hearing was held on Planning Commission Resolution #218, File z0-4-66, recommending amendment of the zoning ordinance for signs in single residential districts as related to churches. Merlin Logan, City Planner, read the minutes of the Planning Commission pertaining to this hearing. Council hearing was then opened. No one in the audience wished to be heardo and the hearing was therefore closed. otion was made by Councilman Olds, seconded by Councilman Harrison that proposed Ordinanc 12 6 be passed, amending the zoning ordinance in accordance with the recommendation in Pla -in Commission Resolution #218. A roll call vote showed the motion to carry unanimously.) 1 1 r� U 1 1 1 0 C 343 . HEARING.:. PLANNING COMMISSION RESOLUTION #21 N N C Hearing was held on Planning Commission Resolution #219, File CP-30-669 recommending amendment of the comprehensive street plan by establishing Howell Way from 3rd S. to 51' S. as a 60;ft. R/W6 After explanation by the Engineer, hearing was opened. No one in the audience wished -1 .>to .be heard, and the hearing ,was closed. It .was moved by Councilman Olds,. seconded by Councilmah Bevan that proposed Ordinance #12.77 be passed, concurring with the recommendation in Planning Commission Resolution #2199 and a roll.call vote showed the motion to carry unanimously. HEARING: PLANNING COMMISSION RESOLUTION #220 Hearing was held on Planning Commission Resolution #220, File R-28-669 recommending amendment of the zoning map by rezoning from RS-6 to RD property located on E1m.Way between 5"' S. and Ob -S. Merlin Logan read the mihutes of the January 19 hearing before the Planning Commission and -projected -a map of the area on the screen. Hearing was then opened. No one in the audience wished to speak on the hearing, .and.i"t was therefore closed. A motion was madeby Councilman Olds, seconded -by Councilman Harrison that proposed Ordinance,#1278 be passed in accordance with the recommendation of the Planning Commission in .their Resolution #220. The motion carried unanimously with a roll call vote. HEARING: PLANNING COMMISSION RESOLUTION 4221 Hearing was held on Planning Commission Resolution #221, File-R-29-669 recoinmending.amendment of -the, zoning mpp by rezoning from RS-8 to RML property located along 19614 S.W. Councilman -Olds stepped down from the council table and took a place in the audience. City Planner Logan read the minutes of the, Planning Commission on this hearing and projected a map of the area in question on the screen. Hearing was then opened. Attorney Alfred Holte,"'representing the applicants for the rezone, explained the need.for the zoning and displayed proposed plans for -the. -planned unit development consisting of a two-story apartment complex with ample parking and resident facilities. In opposition, Mrs. Powell asked Mr. Holte questions re-' garding the extra traffic on 196k as a result of that many units. Mrs. McGinniss, 192nd Pl. S.W., wanted to know why more neighborhood parks weren't planned for that area instead of, z rezoning for multiple.dwellirigs9..and also complained about problems involving school buses on : 19614— Mr. Towne, attorney for a group of residents of the area, presented 32 supplemental petitions in protest of the proposed rezone, making a total of 95 protests received by the City Clerk. Mr. Dickson, 19253 - 83rd P1. W., objected to the rezone for traffic reasons, and detriment to the neighborhood. Mr. Richard Thomas, 8033 Sierra Drive, questioned what he termed "shotgun rezoning" and how the schools would take care of the extra children that multiple zoning would bring into the area. Mr. Harper, 81st-Pl. W., said they annexed to the city for police protection and sewers, and it was unfair for a.contractor to come in and° Connect to sewers that the people had paid for. It was explained at this pIDint by Mr. Holte� that -the owners of the property in question had been assessed for their, land in the same 'manner -as all other properties;: Mr..'Bacon,-a megiber of the adjoining church, opposed:,�the rezone because of the traffic it would create. Mr. Jim Land", 84A W., objected tosthe:-..multiple zoning, as did a gentleman on 81st Pl. W. and Mrs. Workman$ also of 81st P1. W. Mr. McGrath, proposed builder of the proposed complex, spoke about the.building plans. Mr.,Newton9,81st" Pl. We, opposed, and Mr. Nelson, 81st Pl. W., asked if the plan'couldn't be changed after the rezone,was-obtained.. A,gentleman on:1941 S.W., Mr. Osborne, 801' W.,;and Robert Scott, 818:t Pl. W., all objected to:the proposed rezone. Don.Mulinski, 19510 - 81st P16 W-, stated.that the adjoining properties to the proposed rezone were lower than the rezone area. He also alOked if all.the councilmen were residents of the city of Edmonds. Mr. Hickman, Sierra Drive, wanted to know about provisions for sewers if multiple dwellings went in. After all those `present had a chance to voice an opinion on the rezone,"the hearing was closed. It was moved by' Councilman Harrison that the:hearing.on this proposed, rezone be continued to the April 4 meeting. This motion died for lack of.a second. It was then -moved by Councilman Slye, seconded by Councilman -Harrison that this matter be -referred back.to:the Planning Commission for the purpose of further study by the Commission and by the City Planner, who had:not,had a chance to study this particular area. A roll call vote was taken, with Councilmen Harrison, 'Stye,. Bevan9 and Mr.�, Kincaid voting in favor -of the referral, - and the motion carried unanimously -.HEARING: PLANNING COMMISSION•RESOLUTION #222 Hearing was held on Planning Commission Resolution #222, File R-30-66, recommending amendment of -,the zoning map by rezoning from General Commercial to BC property located on 76�' Ave- W. iiorth� of 228k S.W. Mr,. -Logan read -the minutes of the,,Planning Commission for this hearing, "and',projected a map of the area on_the. screen., Hearing was' opened. - No -one -in the audience: wished to comment, and the hearing -was closed. A motion was made by Councilman Olds,;seconded by Councilman Harrison that proposed Ordinance #1279 be passed, rezoning this property in. accordance with the recommehdation of the Planning Commission in their Resolution #222. A roll call vote carried the motion unanimously. 'HEARINGa= <P"LANNING COMMISSION. RESOLUTION #223 -Hearing was held on• Planning. Commissions Resolution #2239 File,,!Z,0-17671,, recommending adoption of an ordinance to establish the meeting dates for the Planning Commission. It was moved by Councilman Slye, seconded'by Councilman Bevan that proposed Ordinance #1280 be passed, to establish the meeting dates as recommended by Planning Commission Resolution #2239 and a roll call vote carried the motion up.ghimously. `HEARING: ON PETITION FOR ANNEXATION OF "SAMBO'S" - .CORNER 205k AND HIGHWAY 99 Heari`ng" was opened 'onl.th�e .petition for annexation of !'Samba's".,o.n -the, corner of 20.•5A and . Highway 999 legally described as portions of.Tracts 1 and 29 Block 329, Hanbury's Sound ,View. Tracts. No one in the audience wished to comment, and the hearing was closed. Since the waiver of the Board of Review had been received, it was moved by -Councilman Slye, seconded by Counoilman.Olds that proposed Ordinance #1281 be passed., annexing this property to the City of Edmonds, together with the-.pub.li.ctR/,W to. "thee cente,rli!ne .of 205t' or 24,0! S.,W.. and all 344 of U.S.. Highway '99 lying contiguous to the above tract and, existing city limits of Edmonds; A roll call vote carried this motion unanimously. CORRESPONDENCE ' A letter from J. R. Kallstrom, 1121 Vista Place, was..read asking the reasons for -the guardposts on the northeast corner of Olympic Avenue and Main Street. This was referred to the City Supervisor for an answer to Mr. Kallstrom. A letter was received from a committee of Talbot Park, Meadowdale, 'and Brown's Bay Beach residents and owners, opposing the city's plans to acquire beach property north to Lund''s Gulch for public use, and suggesting -the purchase of the Meadowdale Country Club property. A postcard was read, sent to the Council from Mayor Maxwell in the Virgin Islands. A letter with- a petition representing approximately 15 properties was received-, gi•ving notice oftheir rejection of a proposal (not yet received by the city) to annex an area in Division 2 of Westgate Park. LETTER OF I_N_TENT AND PETITION FOR ANNEXATION A letter,of intent, signed by more than the required 10% of the assessed valuation of the area requesting annexation, was received for an area including the Plat of Meadowdale Beach from 174t S.W.' along the present -city limits north along 682 Ave. W. to approximately 170t S.W. and southerly along Olympic View Drive or existing Lynnwood city limits. Since John Reid, spokesman for more than 75% of the assessed valuation for general taxation of property proposed for annexation, was present and stated that the persons he represented were willing to assume the existing city indebtedness, a motion was made by Councilman Slye, seconded by Councilman Bevan accepting the letter of intention and proposed annexation with the provision that all property within the territory hereby sought to be annexed shall be assessed and taxed at the same rate and on the same basis as property within the City of Edmonds for any now outstanding indebtedness of said city, including assessments or taxes in payment of any bonds issued or debts contracted, prior to or existing at the date of annexation. Motion carried unanimously. e a 0. and ro- i, r-- e�. Lon tie d e D00, Mr. John Reid, spokesman for the petitioners, then submitted a petition for annexa- tion signed by an overwhelming majority of the property owners, in excess of the required 75%. Because this area encompasses more than ten acres and has an assessed valuation of more than $200,0009 pursuant to RCW 35.13.172, a Board of Review must ieh now be called to consider the proposed annexation. for iron ACKNOWLEDGEMENT OF CLAIMS FOR DAMAGES Council acknowledged a claim for damages from Richard McCabe in the, amount of $30.22 against the Alderwood•Water Line project, being installed by Hammond Construction Co; RESOLUTIONS OF INTENTION , A motion was made by Councilman Slye,.seconded by Councilman Olds that proposed Resolution of Intention #209 be passed: for paving, curbs, gutters, sidewalks, and. storm -drainage on Main 'Jivom 9'th to approximately 200 ft. northwest of Five Corners, and on Olympic Avenue•from Main to Olympic View Drive, with the hearing on the preliminary assessment roll set�for May 29 1967. Motion carried. r - It was moved by Councilman Olds, seconded by Councilman Slye that proposed Resolution of Intention #210 be passed, for paving and all related work as above on 25th S. from 200 ft.-.*south `-;of 514 S.E. to llk S.E., with the hearing on the preliminary assessment roll 'se,t for April 18, '1967. Motion carried. A•motion was mad6.1by Councilman Bevan, seconded by Councilman Slyeq that proposed Resolution of Intention #211 be passed; :for related work except paving- which will be done by the State,, on jasperon from 3rd•to'-9A, •914 N. from Casper to.Puget Drive, and Puget Drive from 914 N.. to 200 ft. east of -Olympic' Avenue, and the hearing on the.preliminary assessment roll.to be set for May 16, 1967. Moti om carried o AWARD BIDS ON 3 POLICE CARS Bids had been. opened on March 6 at 2:00 P.M. in the Mayor's,office for 3 police cars. Present at bid opening. were Acting -Mayor Protem Kincaid, the City Clerk, Police Chief, Police Lieutenant, and Jim Campbell, represettative from -Bill -Blume Chevrolet. The bids were: Harris, Ford,, Inc. 95261.88 Blume Chevrolet 5413.90 Both figures include sales tax and less the trade-in.' Chief Grimstad also noted that Harris Ford had included the cost of an item not in the specifi- cationa, which would reduce their bid on the three cars $119.10 more.. He therefore recommended acceptance of the lbw bid. It was moved by Councilman Bevan, seconded by Councilman Olds to accept the low bid'of Harris Ford, Inc. for $5142.78 for the three ,police cars, and the Mayor be authorized to purchase them. -Motion carried, CASH PREPAYMENT ORDINANCES LID' S #136,9 #144:9 #147.- #149 It was moved by Councilman Olds, seconded�,by Councilman Bevan that proposed Ordinance #1282 be,_pa$sed, cash prepayWent expiration on LID #136. Motion carried. 345 • A motion was made by Councilman Olds, seconded by Councilman Bevan that proposed Ordinance #1283 be -passed, eash prepayment expiration on LID #144. Motion carried. It was moved by Councilman Olds, seconded by Councilman Bevan that proposed Ordinance #1284 be passed, cash prepayment expiration on LID #147. Motion carries. A mdi on was made by Councilman Olds, seconded by Councilman Bevan -that proposed Ordinance #1285 be passed, cash prepayment expiration on LID #149. Motion carried. ORDINANCE TO AMEND LEGAL DESCRIPTION IN ORDINANCE #1266 To correct the legal -description in Ordinance #1266, a motion was made'by Councilman Olds, seconded by Councilman Harrison that proposed Ordinance #1286 be passed, amending Ordinance #1266. Motion carried. SET DATES FOR HEARINGS ON FINAL ASSESSMENT ROLLS A motion was made by Councilman Olds, seconded by Councilman Bevan that the hearing on the final assessment roll for LID #138, Railroad Avenue sewers, be set for April 18, 1967- Motion carried. It was moved by Councilman Slye, seconded by Councilman Olds that the date for hearing on the final assessment roll for LID #139, Unit #1 sears, be set for May 16, 1967. Motion carried. There was no further business, and the meeting adjourned at 5 P.M. City Clerk or March 21, 1967 • ROLL CALL Regular meeting was called to order by Mayor Maxwell with all councilmen present. APPROVAL OF MINUTES The minutes and correction sheet of the March 7 meeting had been mailed and posted, and since there were no further omissions nor corrections, they stood approved as presented. HEARING: (CONTINUED) ON PLANNING COMMISSION RESOLUTIONS #187 AND #188 Hearing on Planning Commission Resolutions #187 and #188, Files CP-17-66.aud R-17-66, recommending a ~ change to commercial and rezone from RS-8 to BN of Lots 5, 71 89 9 and 10, Block 3, Westgate Park Division No. 1 had been continued to this meeting. Also continued to this meeting were. Planning Commission Resolutions #203 and #204, recommending a.change in the comprehensive plan and rezone from RS-8 to BN of property located southeast of the intersection of Edmonds Way and 91h S. Since these two reoommendations were in the. same general Westgate area, both had been held over to the saipe.evening for hearing before the city council. City Planner Merlin Logan gave a general explanation of the area involved in both hearings and:recommendei generally that the size of the business area at Westgate be held at its present level.. Hearing was then opened on Planning Commission Resolutions #187 and #188, the property owned by Albert sons. City Planner Logan recommended the rezone of the west triangle to be -the same as the store is presently, and although the rectangle on the east could be developed multi -family, he neltertheless felt the entire area petitioning I)r the rezone should be granted BN. Mr. John Erlichman, attorney represent- ing Albertson' said that he regarded the area as more than -neighborhood business at this point,: bu.t - • agreed with Mr.. Logan's analysis.. Mayor Maxwell than asked if Albertson's would erect a green belt to. shield the cemetery from..the can and.refuse. that collect in. -the rear.yard of the store. Mr. Bills,. from Albertson's Boise.. office.,. .was, _present.:and.-.agree4_ that..zomething_will_ be don e--- for a, green belt...::.. There was no one. else- in..the audience. who.. wished- to. comment,_and- the -hearing wasp cibsed.� A motion ...was , made by Councilman.. Olds, seconded. by Councilman Bevan that .proposed .Ordinance. #1287-be passed.,•....amend-._ ing the comprehensive..plan to designate. the:area as described in Planning Commission Resolution.#187 as commercial. A roll.call vote was taken, and the motion carried -unanimously. It was.moved.by Council- man Olds, seconded..by. .Councilman .Slye _that.rproposed Ordinanne.41288. ba. passed,__rezoning from RS-8--to BN the sea in accordance with Planning Commission Resolution #1 -Motion carried unanimously. HEARING: (CONTINUED) ON PLANNING.COMMISSION RESOLUTIONS #203 AND #204. Hearing on Planning Commission Resolution #203 and #204, Files CP-28-66 and R-21-66, recommending a. change to commercial and rezone from RS-8 .to.BN property southeast of the intersection of. Edmonds Way and 9th-S., commonly known as.the Krazy Kow... Mr. Logan rated that this narrow site was poor for a. business location, but that since the owner did .have a prospective tenant...for a.dental.clinic, he felt the property could.very well.be rezoned to.RML, which would allow professional business if desired. Hearing was then opened. Kirk Thompson,. speaking for Mr. Werner, ownerJof_ the.property,.•.stated..that a mistake had been made in the zoning when:the city annexed it, changing.it from county zoned business to city residential.. He felt.the rezone should be granted because the owner understood it to.be commer- cial property until he applied for a.building permit. Mr. Werner, owner of t he property, was present and also spoke in behalf of the rezone. No one else in the audience wished to be heard and -the hearing was closed. .Follo.wing discussion, a motion.was made by Councilman Olds., seconded by Councilman Harrison. that proposed Ordinance #1289 be sassed, changing the comprehensive plan from residential to.commercial pursuant to Planning Commission Resolution #204. Before this motion was voted upon, it was moved by Councilman McGinness, seconded .by Councilman Harrison -that the proposed ordinancebe passed with an amendment designating the..change.to commercial for the north 130 ft. only, back from Edmonds Way, of the lots in question. A roll call vote on this amendment resulted in five Councilman voting in favor, and Councilman Olds and Slye against, with the motion carrying: The motion.•to pass proposed Ordinance #1289 (now as amended) was then voted upon, and this carried unanimously. • A motion vas made by Councilman Olds, seconded by Councilman Tuson t#at proposed Ordinance #1290 be passed, rezoning from RS-8 to BN the north 130 ft. only of the property off Edmonds Way as described in