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19670815 City Council Minutes7 5 • 1 • 11 J said.this was their first year on the city water system and they were very satisfied. Also their bills had not been excessive as some had feared. Captain Shields asked how the schedule on L.I.D. #151 was progressing and when they would be allowed to connect. Engineer Larson re- ported that they were actually ahead of schedule on the project, but that individual connec- tions would hinge on the completion of L.I.D. #140 which will hook on to L.I.D. #151, and that they probably could connect this fall. PROPOSED RECOMMENDATION FOR ZONING CODE CHANGE It had been recommended by the Building Code Committee that side yard setbacks in RML zones be changed from 5 ft. to 10 ft. It was moved by Councilman Tuson, seconded by Councilman Slye that the Planning Commission be instructed to hold.hearings regarding the change in setbacks. Motion carried. APPEAL RECEIVED FROM H. A. OLDS ON DECISION OF PLANNING COMMISSION RESOLUTION #238 A letter from Howard A. Olds in behalf of Earl Stockman appealing the decision of the Edmonds Planning Commission in File No. R-29-66, in denying the rezone from RS to RML property on 196th S. W. Councilman Slye moved, seconded by Councilman McGinness that hearing on the appeal of Planning Commission Resolution #238 be set for August 15, 1967. Motion carried, with Councilman Olds abstaining. Councilman Olds asked about the City obtaining right-of-way on 76th. He said at the present time between 242nd and 244th we have some dedicated land, but that one woman ,for example has a house sitting between property already obtained. She would like to have the City make a decision soon on what they plan to do as it would take approximately 40 feet of land in front of her house and put the road right to her front porch. Councilman Olds moved, seconded by Councilman Slye that the Mayor be authorized to update or obtain appraisals on 76th between 242nd and 244th on both sides of the street for the purpose of acquiring right-of-way. Councilman Kincaid moved, seconded by Councilman Harrison that they table the action on the above motion until the August 15th council meeting. A roll call vote had Councilmen Harrison, Tuson, McGinness and Kincaid voting yes, with Councilmen Olds, Slye and Bevan voting no. Motion to table carried. ORDINANCE NO. 1316 - AMENDING #1314 - WATER AND SEWER REVENUE BONDS, 1967 Attorney Murphy explained that this eliminates the manual signature of the City Clerk, Irene Moran, with a facsimile used, because of her absence due to vacation, but that the Mayor would still sign manually. It was moved by Councilman Slye, seconded by Councilman Bevan that Ordi- nance #1316 be passed. Motion carried. Mayor Maxwell reported that negotiations were being carried on with Olympic View Water District for servicing their sewers. FIRST READING PROPOSED ORDINANCE REDEFINING THE OFFENSE OF LOITERING OR PROWLING Attorney Murphy read the proposed ordinance redefining the offense of loitering or prowling amending section 5.12.00 of the Edmonds City Code and providing penalties. RECOMMENDATIONS FROM PARK BOARD Councilman Slye reported that the Park Board were recommending a walkway be put through Yost Park for better.observation of trees and topography of the area. The Police Department had requested an area for Outdoor Pistol Range. Councilman Slye re- ported the Park Board was recommending useonly on a temporary basis. It was decided that Chief Grimstad give his views to the Council on the use and need of this pistol range before any final decision is made. A report was read from Ron Taylor on the Snohomish County Park Board meeting, in which they proposed a Bond Issue of 2 mills be placed on the ballot for the acquisition and devopment of County Park areas. HEARING SET FOR COMPREHENSIVE STREET PLAN - PLANNING COMMISSION�RESOLUTION #237 A motion was made by Councilman Slye, seconded by Councilman Bevan that hearing on Planning Commission Resolution #237, Comprehensive Street Plan, be set for September 5, 1967. Motion carried. The maps will be made available to the Council members for further study. A lady in the audience asked if further study had been made on how children would be cross- ing Puget Drive to get to the new Olympic School. She was told that.no decision had been made on L.I.D. #158 as yet. There being no further business the meeting was ac August 15, 1967 ROLL CALL Regular meeting was called to order by Mayor Maxwell. All councilmen were present. APPROVAL OF MINUTES • The minutes of the meeting of August 1 had been posted and mailed, and with no omissions nor corrections at this point, they were approved as presented. , a6 HEARING: ,PLANNING COMMISSION RESOLUTIONS #233 AND:#234 W Hearing was held on Planning Commission Resolutions #233 and #234, Files CP-6-67 and AZ-2-67, rec- ommending designating as."single family residential" newly annexed property south of the Meadowdale Jr. High. City Planner Merlin Logan explained the boundaries and projected a map of the area on the screen. He then read the minutes of the Planning Commission hearing on this. Hearing was opened, and since there was no one in the audience who wished to comment, the hearing was closed. A,motion was made by Councilman Olds, seconded by Councilman Slye that proposed Ordinance #1317 be passed, amending the comprehensive plan to designate this newly annexed area as single family residential, pursuant to Planning Commission Resolution #233. Motion carried unanimously. It was moved by Councilman Slye, seconded by Councilman Kincaid that proposed Ordinance #1318 be passed, amending the official zoning map by adding thereto certain newly annexed property and desig- nating the same -as RS-8 and RS-12 pursuant to Planning Commission Resolution #234. Motion carried unanimously. HEARING: ON APPEAL FROM RECOMMENDATION IN PLANNING COMMISSION RESOLUTION #238 Hearing was held on the appeal from Planning Commission Resolution #238, File R-29-66, recommending denial of a.rezone to RML from RS-8 for Lots 19 and 20, Maplewood Gardens. The appeal having been presented by Howard A. Olds for and in behalf of Earl Stockman, Councilman Olds therefore stepped down from the council table and took a seat in the audience. City Planner Logan explained that this rezone request had been heard by the council in February, and had been returned to the Planning Com- mission when residents in the area had disapproved of the Planning Commission's recommendation to re- zone it at that time. Mr. Logan projected a map of the area on the screen and also read'the minutes of the Planning Commission on this hearing. Roger Gerdes, attorney for the proponents, then was given a chance to present his case. He pointed out the reasons for the proposal by the petitioner. He ex- plained that the area abutting 196th, which is zoned RML, is under the same ownership as the parcel directly behind this, which is now RS-8 and asking for RML to make the one parcel of land all the same zoning. He -added that it is not economically feasible to destroy property by dividing a one ownership parcel in half and having single family on one section and multiple on the other. It was the intent of McGrath Homes to develop this parcel into a garden court apartment complex, which he felt would not harm the single residential areas adjacent. He urged the council to look carefully at the findings of fact from the Planning Commission, and disagreed with the statements that (1) little RML area is devel- oped along 196th; (2) that the rezone would not serve a useful purpose; and (3) that it would add to noise and traffic on-196th to -any appreciable amount. It was brought out that Mr. Stockman had owned this property for 30 years. Hearing was opened. R. W. Hartwich, 191st Pl. W., pointed to the single family zoning surrounding this area asking for RML. Richard A. Dickson, 19233 - 83rd P1. W., stated that it is economically feasible to develop land for single residential when the width and depth of the property in question is equal to the entire area along the culdesacs bordering it. Audrey McKinnis, 7819 - 192nd P1. S. W., said she didn't feel you could decide how many children will come into an area when an apartment house is built; she also added that she felt -this proposed rezone would be poor planning and opportunists wanted the change and would come in and use the sewers she had helped pay for. Ron Newton, 19327 - 81st P1- W-, spoke in opposition to the rezone. Captain Shields stated that he felt the rezone should be approved; that the same consideration should be given to an owner who had held property for 30 years as that given to someone who had purchased the land only a year ago for financial. gain; that the financial hardship was the same in both cases. He also added that if an apartment house would be a tax advantage for the city,- and not add appreciably to the school burden, then he thought it was a fine idea. Mrs. Workman, 19421 - 84th, asked that Capt. Shields identify himself, which he did. A woman who said she was a teacher mentioned that all the schools are full and apartment houses brought in more children to the area. Mr. Robinson, 315 - 194th, submitted the argument that why should an area of single zoned residences be rezoned at the expense of every .property owner; that Mr. Stockman has the means to provide his own access to the back property for a single resi- dence. Roger Gerdes, attorney for the proponents, answered some of the arguments of the protestors and noted that a speculative purchaser would be in a less favorable position to ask for a rezone than one who has owned the property for 30 years. No one else in the audience wished to speak. Councilman Kincaid questioned Mr. McGrath on the area necessary for an apartment building, and the hearing was then closed. A motion was made by Councilman McGinness, seconded by Councilman Kincaid that the recommendation of the Planning Commission in their Resolution #238 be upheld and the rezone be denied. Motion carried with Councilman Bevan voting against, and Councilman Olds not voting at the council table. REPORT ON BIDS FOR LID'S #159 AND #160 Bids had been opened in the Mayor's office at 2:00 P.M. on August 15, for LID'S #159 and #160, sewers 16th S. between Bowdoin Way and Pine, and paving of Pine, 9th to loth. Present at bid openings were the Mayor, City Clerk, City Supervisor, City Engineer, Forest Roff from Fred, Middleton & Associates, Inc., and several representatives from bidding companies. Only one bid was received for LID #159, sewers 161h S. between Bowdoin and Pine: Wooley's Pipe & Sewer Installations $59547.50 It was moved by Councilman Tuson, seconded by Councilman Slye that the bid for LID #159 be awarded to Wooley's Pipe & Sewer Installations for the amount of $5,547.50 and the Mayor be authorized to sign a contract with them. Motion carried. Bids received for LID #160, paving of Pine from 9tb to 10th were: Ech's Burner Oils, Inc. Associated Sand & Gravel Co., Inc. $15,848.85 16,224.00 A motion was made by Councilman Harrison, seconded by Councilman Slye that the bid for LID #160 be awarded to Ech's Burner Oils, Inc. for $15,848.85 and the Mayor be authorized to enter into contract with them. Motion carried. 1 1 U 1 • 1 1 CORRESPONDENCE The Mayor noted that brick was falling from the building at 5th and Main, and the area had been barricaded. A letter had also been received from Mrs. Passey of Mode O'Day, asking that something be done in regard to the run-down condition of the house next to the old Safeway store. 377 • Letters had been received from both the State Health Department and Pollution Control Commission approving the sewer system for LID #159• A letter from the Snohomish County Assessor's office had been received, giving Edmonds an assessed' baluation of a little over 27 million. Mayor Maxwell announced that on August 22 at 8:00 P.M. there would be a meeting for the city employees to discuss wages, etc. with the council. It was noted that a letter had been received in answer to the City of Edmonds' request for infor- mation on the activities of the proposed Air Pollution Control Board for Snohomish County, to which Edmonds had been requested to contribute 100 per capita for participation in the program. The letter from the Chairman gave information that an abatement control system would be set up to make inspections of complaints and then make corrections according to regulations. AUDIENCE PARTICIPATION Mr. Dick Patterson inquired as to what action Wuld be taken tonight.on the R/W question for 242nd and 244th. The minutes of the August 1 meeting stated that the matter was tabled to the council meeting of August 15th, but this was noted by the councilmen to be in error, as they meant to refer the question back to a work meeting for study before bringing it to council. The minutes of the August 1 meeting were therefore corrected to reflect this. APPOINTMENT TO PARK BOARD Mayor Maxwell made the appointment of Paul Weaver to the Park Board to replace Dr. Paul Burke, It was moved by Councilman Slye, seconded by Councilman Tuson that the Mayor's appointment of Paul Weaver to the Park Board be confirmed. Motion carried. • REPORT ON SEWERS - ALDER, 7tb TO 8t It was noted that in regard to the money that must be deposited by the property owners in order for their sewer LID to be legal, the Treasurer's office had taken in a total of over $7,000..00 in prepaid deposits for LID #154 from all property owners except one. It was therefore moved by Councilman Tuson, seconded by Councilman Slye that the Mayor be authorized to conclude arrangements for financing of this sewer LID and proceed with the project if all the necessary funds are received. Motion carried. REPORT REQUEST OF POLICE DEPARTMENT FOR OUTDOOR PISTOL RANGE A request had been received from the Police Department for an outdoor pistol range on the easterly portion of the 40 acres park property off Main Street. This was discussed, with several councilmen feeling that this was not a good idea without making a permanent installation for the protection of children who might be wandering in the park. It was moved by Councilman McGinness, seconded by Councilman Tuson that the matter be tabled to the September 5 meeting, pending further investigation. Motion carried. REPORT ON STATUS OF LID #158 It was reported that proposed LID #158, curbs, gutters, storm drains on Casper from 3rd to 9!b, 9% from Casper to Puget Drive, Puget Drive from 9!b to 200' east of Olympic Avenue, was in a similar situation on protests as the Main Street and Olympic LID. Protests on #158 amounted to 67.6%, but only 54.8% if questionable protests were deleted. It was therefore moved by Councilman McGinness, seconded by Councilman Kincaid that council defer action on proposed LID #158 pending receipt of the final determination on the validity of protests in connection with the Main Street LID #156. Motion carried. CLAIMS FOR DAMAGES: • Council acknowledged receipt of a claim for damages against LID #151 from John Crump. A claim was also acknowledged from Robert L. Bostwick against the retained funds on the contract between the City of Edmonds and Hammond Construction. AUDITING OF BILLS: REGULAR MONTHLY, LID, 1966 WATER -SEWER REVENUE BOND A motion was made by Councilman Slye, seconded by Councilman Kincaid that claims warrants #5427 through #5589 in the total amount of $183,558.72 be approved for payment. Motion carried. It was moved by Councilman Slye, seconded by Councilman Kincaid that warrants #75 through #80 in the total amount of $155,488.60 against the 1966 Water -Sewer Revenue bond issue be approved and authorized for payment. Motion carried. A motion was made by Councilman Slye, seconded by Councilman Kincaid that the following LID bills be paid: From LID #138: $71.00 for legal opinion to Roberts, Shefelman, Lawrence, Gay & Moch, and $42.70 for legal publications to the Edmonds Tribune Review; From LID #139: $1,550.00 to Roberts, Shefelman, Lawrence, Gay & Moch for legal opinion; $353.63 to Norm's Print Shop for printing of bonds; and $70.90 for legal publications to the Tribune Review; From LID #141: $2.00 to Edmonds City Treasurer for filing fee; From LID #148a $1,692.12 to Reid, Middleton & Associates, Inc. for engineering services, and the City Clerk be�iuthorized to issue an interest bearing warrant to Statewide City Employees Retirement System to cover this bill; 0 V8 From LID #150: $14,632,20 to Joplin Paving Co. for contractor's estimate #3; From LID #151: $160,849.73 to Puget Sound National Bank for Tonnesen Construction & Sleads Septic Systems for contractor's estimate #3; $32.00 to Snohomish County Auditor for filing fees for ease- ments; $2.00 to Edmonds City Treasurer for filing fee for easement; $8,910.20 to Reid, Middleton & Associates, Inc. for interim billing #3 on engineering; and $1,838.52 to Alderwood Water District for water to settle ditch and flush main; and the City Clerk be authorized to issue interest bear- ing warrants in the amount of $171,632.45 to Grande .& Co., Inc. to cover these bills; From LID #153: $173014 to Edmonds City Treasurer for reimbursement for warrants purchased; $25,583.47 to Hammond Construction Co. for contractor's estimate #1; $2,295.10 to Reid, Middleton & Associates, Inc. for interim billing #1 on engineering; and the City Clerk be authorized to issue interest bear- ing warrants to Grande & Co., Inc. in the amount of $28,051.71 to cover these bills; From LID #154: $23.80 to Edmonds Tribune Review for legal publications; From LID #155: $24.50 to Edmonds Tribune -Review for legal publications, and the City Clerk be author- ized to issue an interest bearing warrant in the same amount to City of Edmonds to cover this bill; From LID #156: $52.25 to Pioneer National Title Insurance Co. for checking titles, and the City Clerk be authorized to issue an interest bearing.warrant in the same amount to City of Edmonds to cover this bill; From LID #157: $11.20 to Edmonds Tribune Review for legal publications and the City Clerk be author- ized to issue an interest bearing warrant in the same amount to the City of Edmonds to cover this bill. Motion carried. SECOND READING: PROPOSED ORDINANCE REGULATING LOITERING AND PROWLING A proposed ordinance regulating loitering and prowling was brought before council for its second reading, and following this a motion was made by Councilman McGinness: seconded by Councilman Kincaid that proposed Ordinance #1319 be passed, amending the ordinance regulating loitering and prowling. Motion carried. FIRST READING: PAWN BROKERS ORDINANCE A proposed ordinance relating to pawnshops and pawnbrokers, and providing for the issuance and re- vocation of licenses thereof, creating a new chapter to the Edmonds City Code, Chapter 4.75, and prescribing penalties for violation; was introduced for its first reading before council. PETITION FOR SIDEWALK LID ON 51h AVENUE S. A, petition, signed by the sole owners of property on 5th Ave. S. fronting on Lots 9, 10, and 11, Block 2, City Park Addition, had been received requesting the installation of a sidewalk. The Attorney advised that this could be accomplished by the petition method and a motion was made by Councilman McGinness, seconded by Councilman Slye that the Engineer be instructed to prepare an assessment roll and the Attorney be instructed to prepare an ordinance creating this LID. Motion car..ried. SET HEARING ON PLANNING COMMISSION RESOLUTION #239 Planning Commission Resolution #239, File R-10-67, was presented, recommending rezoning of Univer- sity of Washington property from Open Space to Single Family Residential, RS-12 and RS-20. It was moved by Councilman McGinness, seconded by Councilman Tuson that September 5 be set as the date for a hearing on Planning Commission Resolution #239. Motion carried. SET HEARING ON PLANNING COMMISSION-RESOLUTION#240 A motion was made by Councilman Harrison, seconded by Councilman Slye that September 5th be set as the date for hearing on Planning Commission Resolution #240, File AZ-3-67, recommending designation as single family RS-8, and multiple RML, newly annexed property south of Edmonds Way in the West- gate area. Motion carried. EASEMENT TO PUD DISCUSSED A proposal for authorization of a 30 ft. easement to the PUD for a pole line across llth Avenue from Walnut to Main was held for discussion at a council work meeting. PROPOSED ORDINANCE REGULATING PARKING ON CERTAIN STREETS A proposed ordinance was presented for regulation of parking in connection with the ferry traffic for certain hours on certain streets, and a'motion was made by Councilman Slye, seconded by Councilman Kincaid that proposed Ordinance"#1320 be passed. Motion carried. It was then moved by Councilman Slye, seconded by Councilman Kincaid that parking be prohibited on the south side of Main Street from the railroad tracks to Sunset Ave. also in connection with the ferry traffic. Motion carried. ANNOUNCEMENT OF SNOHOMISH COUNTY CITIES.DINNER Councilmen were reminded of the dinner meeting on Wednesday, August 23 at the Edmonds Yacht Club for the Snohomish County Cities. Meeting was then adjourned. City Clerk M'yor 1 1 n U 11 1 0