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19700120 City Council MinutesJanuary 20, 1970 • ROLL CALL The regular meeting of the City Council was called to order by Mayor Harve Harrison with all councilmen present. APPROVAL OF MINUTES Minutes of the meeting.of January 6 had been posted and mailed. Councilman Slye noted that under the hearing on Planning Commission Resolution ##317, the last sentence in the second paragraph should say Point Edwards instead of Wells -Point. There were no other omissions nor corrections, and the minutes stood approved as corrected. OATH OF OFFICE - COUNCILMAN NORDQUIST In accordance with RCW 29.12.050, the regular two year council term assumes office as of noon on the second Monday in January, 1970. Therefore, Councilman John Nordquist having been elected Councilman -at -Large for the City of Edmonds, the oath of office was administered to him by City Attorney James A. Murphy. SPECIAL PRESENTATION BY EDMONDS JAYCEES In commemoration of the loth anniversary of the Edmonds Jaycees and the 50th anniver- sary of the Jaycees nationwide, President Keith LaBelle presented an inscribed gavel and sounding block to Mayor Harrison for use by the City of Edmonds. The inscription on the block recognizes the presentation on the 10!b anniversary of the Edmonds Jay- cees, and the gavel is inscribed "Let wisdom prevail in service to the community." Mayor Harrison accepted in behalf of the City administration and Council. HEARING: ON PROPOSED ORDINANCE TO AMEND WATER RATES AND METER INSTALLATION CHARGES • Hearing was held on a proposed ordinance to amend the water rates and meter install- ation charges for the City of Edmonds. City Engineer Leif Larson briefed the council and audience on the proposed rate increases and the purpose of these increases. Mayor Harrison recalled the two previous informal hearings that had been held on this question. Hearing was then opened. Steve Handran, 3rd S., stated he was against the increase unless apartment dwellers would pay in comparison with homeowners, with evdryone paying his fair share. He was against the sewer charge when he was not connected to any sewer. Mr. Handran then stated he did not approve of fluoride in the water, and what was the city going to do about it. Donn Bugher, Homeland Drive, asked if council had considered the water used by homeowners to keep the yards green in the summer, and apartment dwellers do not have this problem. Captain Shields asked what percentage of the general public wanted to pay for this increase in order to receive additional services. Harry Cunningham asked if thought had been given to the possibility that the legislature might allow dities to levy a sales tax; and with school taxes and all the other assorted taxes, it was fine for the working man, but what about the retired person on a fixed income. He added that there were a number of retired people in the_Edmonds area on the verge of losing their homes because of the ever increasing tax load. Mr. Chittenden asked if there were comparative rates for cities of this size. He noted that the millage, because of the tax freeze, was re- duced from the 16 to approximately 13.6. Another gentleman stated that the tax burden will always exist, and if the citizens want services, they must be prepared to pay for them. Mayor Harrison noted that the Water Dept. was self-sustaining and non-profit; and that the city has some substandard mains and needs statage tanks, and these factors enter into the adequate fire protection realm. Engineer Larson stated that the water rates were higher in neighboring cities. Gordon Maxwell • questioned the city's bonding capacity, and it was answered that the financial con- sultants for the city felt a raise in rates was advisable. No one else wished to comment, and the hearing was closed. Councilman Haines st'ated that no ohe wished to raise rates, but this was needed to maintain services to the citizens. He therefore moved, seconded by Councilman Tuson that proposed Ordinance ##1457 be passed, amending the water rates and meter instal- lation charges. A discussion followed on apartments versus individual property owners. Councilman Kincaid felt the council should at this time accept the proposed ordinance as drawn, and'a roll call vote showed five councilmen in favor; Councilmen Sanborn and Nordquist against, and the motion carried. HEARING: ON PROPOSED ORDINANCE TO AMEND SEWER SERVICE CHARGE Hearing was held on a proposed ordinance to amend the sewer service charge. Engineer Larson explained the proposed increase as going from $2.40 to $3.00 on each bill. Mayor Harrison said that council also proposed a change in the name from sewer service charge to utility charge. He stated that the additional funds would be used for storm drainage and treatment plant facilities; and the utility name would be more appropriate. Funds would also be used to furnish lift stations needed in some areas. He noted that every citizen benefits equally from storm drainage control. Hearing was opened. Jim Paul had a question on apartment house charges. Gordon Maxwell asked what pro- gress had been made in hegotiating with ILZountlake Terrace. Engineer. Larson answered that the city had given a proposal to them several months ago, and Mountlake Terrace had not as yet answered, but was expected to come up with a counter proposal. A man in the audience had a question on the city tax on the water bill, and was told that a proposal in the form of first reading of a proposed ordinance on raising of all • utility taxes was on the agenda for later this evening. No one else wished to comment on this, and the hearing was closed. bi • A motion was made by Councilman Tuson, seconded by Councilman Sanborn that proposed Ordinance #1458 be passed, to increase .the sewer service charges, .and the motion carried unanimously. PROPOSED PLANNED UNIT DEVELOPMENT ORDINANCE City Planner Merlin Logan gave a brief history of the proposed ordinance for Planned Unit Developments; the hearings having been held before both Planning Commission and Council, the revisions suggested by council, and the final proposed ordinance having been drawn by the attorney. He also noted that to avoid confusion with the Public Utility District, the PUD or Planned Unit Development would be called Planned Residential Development in the future, or PRD. A letter was read from Peter Bilder; urging that the Planned Unit concept be retained to allow preservation of open space and the wooded areas in Edmonds. After some discussion, it was moved by Councilman Tuson, seconded by Councilman Nordquist that proposed Ordinance #1459 be passed, for regulation of Planned Residential Developments in the City of Edmonds. Motion carried. CHANGING SEWER SERVICE CHARGE TO UTILITY CHARGE In order to more accurately describe the charge on the water bills, it was moved by Councilman Slye, seconded by Councilman Nordquist that the attorney be instructed to prepare an ordinance to change the name o? "sewer service charge" on the water bills to "utility charge". Motion carried. AUDITING OF BILLS Is A motion was made by Councilman Haines, seconded by Councilman Tuson that the follow- ing LID bills be approved for payment: LID #164 - $25,398.43 to National. Construction Co.,.,.Inc. for contractor''s estimate #8; $250.00 to Earl L. Stay for appraisal and pre-trial services in connection with condemnation for sewer easement; and the City Clerk be authorized to issue interest bearing warrants to Grande & Co., Inc. in the total amount of $25,648.43 to cover these bills. Motion carried. It was moved by Councilman Haines, seconded by Councilman Nordquist that the bill in the amount of $13,473.05 to Edmonds School District #15 for the City of Edmonds' participation in College Place Joint Agency Storm Sewer Project be approved for payment out of 1967 Water -Sewer Revenue Bond Issue. Motion carried. A motion was made by Councilman Haines, seconded by Councilman Nordquist that vouchers #10057 through #10206 in the total amount of $67,232.55 be approved, and the City Clerk be authorized to issue warrants in payment of these regular monthly bills. Motion carried. FIRST READINGS PROPOSED ORDINANCES First reading was heard on three proposed ordinances. (1) To amend the fringe benefits for non -union employees to bring them in line with union employees; (2) to raise all utility taxes to 56; and (3) to establish a Chief Administrator's office for the city. Discussion was held on these first readings, during which time Councilman Tuson stated he was not in favor of raising the tax on water since the water rates had just been raised. AUTHORIZE MAYOR TO SIGN R/W AGREEMENTS WITH STATE HIGHWAY • City Engineer Larson explained to council the proposed RA agreements for 76Lh in connection with SR-104, and for the area from Paradise Lane to Dayton St. A motion was made by Councilman Tuson, seconded by Councilman Nordquist that the Mayor be authorized to sign the agreement with the State Highway for 76Lh subject to approval by the City Attorney and City Engineer. Motion carried.. It was then moved by Councilman Nordquist, seconded by Councilman Sanborn to authorize the Mayor to sign the second,'agreement with the State Highway for Route 104 from Paradise Lane to Dayton Street. Motion carried. A five minute recess was declared at this point. MACKIE HOUSE ON 76th A one year lease agreement had been discussed for the Mackie house on 76Lh because of the highway development. An offer had been received from Mr. Douglas who owne the 7-11 store adjoining the Mackie property. He offered to pay all utilities, refinish the inside, and pay the city $100.00 per month with the first and last months paid in advance. The C;ty Engineer felt the city would not gain by leasing, and recom- mended that the house be moved from the area and sold. An appraisal had been pre- viously made on this property. Following discussion, a motion was made by Councilman -Sanborn, seconded by Councilman Nordquist°that the value of the house be established as salvage value and the attorney and engineer be authorized to dispose of the house as they see fit. It was then moved by Councilman Nelson, seconded by Councilman Tuson to amend the previous motion and call for bids to be opened on February 16, results to be announced at the February 17 council --meeting. The amendment to the motion carried, and the original motion as amended also carried. 0 AUTHORIZATION FOR R/W ACQUISITION ON CASPER AND PUGET WAY y • In preparation for any improvement on Casper and Puget Way, a motion was made by Councilman Slye, seconded by Councilman Nelson to authorize a 60' R/W acquisition for Casper and Puget Way regardless of what the future proposed improvement will be. Motion carried with Councilman Sanborn voting against. CASH PREPAYMENT ORDINANCE - LID #161 It was moved by Councilman Kincaid, seconded by Councilman Haines that proposed Ordinance #1460 be passed, cash prepayment expiration for LID #161. Motion carried. CORRESPONDENCE A letter was read from the Ninth Avenue Citizen's Group urging the city to again request reconsideration of action on reclassification of 90 from the Urban Arterial Board. A secondtcopy was of a letter this group sent to the Washington State Highway Commission asking for help in their request by citizens to the UAB. Eigineer Larson replied that two letters for deviation had been submitted to the UAB from the City, and there was a possibility that they may confirm the deviation north of Main on 9cn. He further suggested, however, that the city not go to the Board to make another request at this time, but rather wait until these deviation letters have been answered. It was moved by Councilman Haines, seconded by Councilman Kincaid that the letters from the 9Lti Avenue Citizen's Group be taken under advisement until the city hears from Olympia in regard to the letters for deviation. Motion carried. A letter from the Ronald Sewer District was read, asking the City of Edmonds' per- mission to connect to the Edmonds sewer system through the Olympic View Water District's lines to transport and treat the sewage from approximately 25 homes in their area. This would be a separate agreement with Ronald, Olympic View Water • District, and Edmonds. It was the recommendation of the City Engineer that no additional sewer agreements be entered into at this time. Councilman Kincaid noted that this would be adding a King County area to our system, and we should confine our activities to Snohomish County. He therefore made the motion, seconded by Councilman Tuson that the Ronald District be advised that the City of Edmonds' previous policy on severing of their area still stands. Motion carried. AUDIENCE PARTICIPATION Richard Myhre, 530, 9th N., asked if he might be furnished with a copy of the letter, sent to the Urban Arterial Board by the City Engineer regarding the request for deviation. He was told he may get a copy from the Engineer's office. Mr. Myhre stated that the front part of his property is the view area, not the back, and the city would therefore be taking away his view by taking frontage. Councilman Kincaid stated that he was convinced if the city stalls on this project with the UAB;;, funds will be cut off, and there may be no project. Bill Kasper, 91b, said the complaint was on reducing the R/W; that condemnation of all this will cost a great deal of money. Councilman Sanborn spoke for Mrs. Moss, a 9!h Avenue resident who could not be in attendance at tonight's meeting. Mrs. Moss wanted the council to know the severe damage that would be done to her property by the proposed taking of R/W. This would bring the improvement to within 5 to 7 feet of her house, and would con- stitute one of the worst hardship cases on the street. Following a great deal of discussion, Mayor Harrison noted that the question before the council at this time was the deviation on the R/W on 9+h N. Councilman Slye said he agreed with Council- man Kincaid that if the city keeps asking the UAB for one deviation after another, the funds may'be lost. It was then moved by Councilman Sanborn that the council request from the UAB R/W deviation on extreme hardship areas on 9tn Avenue N. This motion died for lack of a second. • Harvey Milholland, 522 9th N., stated that the proposed R/W comes within 3 feet of his house. Another gentleman in the audience said his shrubbery will be torn up, and it had taken over 25 years to develop it. He requested.a variance for the R/W a6 well as the roadway. Ed Robinson, 88th Avenue W., felt the UAB didn't have hard and fast rules, only guidelines to follow in regard to improvements, and he wondered why the obesssion with R/W at this time. He also asked when the decision was made to put sidewalks up against the curb on 9n, and why the city can't consider the Board of Adjustment to control setbacks. Another gentleman in the audience had a question regarding R/W on Casper, and did the city still have state money for this, and is there a deadline for using it. He noted that in obtaining R/W the city would come up against considerable resistance. Ed Robinson, 88t, asked council to make a motion to reconsider the acquisition ofaR/W_ r. o1Y,Casp6, .and ,a' inotiofi`,td request' the - UAB to reconsider the R/W deviation along the entire length of 90 for hardship cases. No further motions were made by Council. Mr. T. R. Hikel, City Councilman from Lynnwood,.urged support from. Civic leaders and other individuals for the Edmonds School District 1#15 bond issue on February 10. Don C66k made a request for availability of proposed ordinances to the public before hearings. He complained that people should be better heard by the council and not be cut off because of the lateness of the hour. Larry Wilson, attorney representing the owners of Oil Can Harry's II, who had applied to the Liquor Control Board for a license, apj)ealed the city's objections to the location of this business. Attorney Willsoni noted that the business is not a tavern in the old sense, but rather a plush and luxurious cocktail lounge catering to a different type of clientele that ordinary taverns. He stated it would be an attrac- tive addition to the Edmonds business area, and asked if council would review its stand on the location. He presented several pictures of Oil Can Harry's I, which is 0 • in Everett, for council's inspection. The owner of Engel's Tavern was present, and stated his opposition to having this new establishment come into Edmonds, as he felt it would ruin his and the other taverns' business. He also noted that all three taverns had written letters of protest to the Liquor Board. A letter of protest against the new business was also read from the owner of The Pancake Haus, which would be located next door to the proposed Oil Can Harry's II. Marco and Jerry Courounes, owners of Oil Can Harry's , were both present and explained the type of operation they planned. Several people in the audience spoke in fator'of allowing this type of cocktail lounge to have the opportunity to do business in Edmonds. Wally Slabaugh, Edmonds Building Official, stated that at the present time there was insufficient parking facilities at the A & P location, which would also have to serve this new establishment as well as the Pancake Haus. Following some futher discus- sion, it was moved by Councilman Nelson, seconded by Councilman Kincaid that the council uphold their objection to the location of the proposed Oil Can Harry's II, as stated to the Washington State Liquor Control Board. Motion carried. COUNCIL PARTICIPATION Councilman Slye, noted that although there was an ordinance restricting parking on one side of 6/2 Street, there was no sign as to which side of the street parking was allowed. Councilman Nelson suggested that the city discuss with the schools walkways and bus turn -around areas, and he offered to represent the city to study plans with the school district. He asked for authorization to use city staff when necessary and bring the study back to the Safety Committee. As Chairman of the Safety Committee, Councilman Nordquist made a motion, seconded by Councilman Slye that approval be given to Councilman Nelson's plan to coordinate discussions between city and School • District #15, with Councilman Nelson representing the city and bringing the informa- tion on discussions back to the Safety Committee. Motion carried. SET HEARING DATES ON PLANNING COMMISSION RESOLUTIONS A motion was made by Councilman Slye, seconded by Councilman Kincaid that hearings on Planning Commission Resolutions #321, #323 and #324 be set for March 3- Motion carried. It was moved by Councilman Slye, seconded by Councilman Nordquist that February 17 be set as the date for hearings on Planning Commission Resolutions #326 and #327• Motion carried. AUTHORIZE EXPENDITURES FOR TRAFFIC SAFETY CONTROL STUDIES In order to include the sum of $10,069.00 under Maintenance and Operation of the Street Department in the 1970 budget for Traffic Safety Control Study, it was moved by Councilman Haines, seconded by Councilman Kincaid that proposed Ordinance #1461 be passed, to authorize this expenditure. Motion carried. There was no further business, and the meeting adjourned at 11:30 P.M. Irene Varney Moran, City Clerk H. Harrison, Mayor • February 3, 1970 ROLL CALL Regular meeting of the Edmonds City Council was called to order by Mayor Harrison with all councilmen present. APPROVAL OF MINUTES The minutes of the meeting of January 20 had been posted and mailed, and with no ommis- sions nor corrections, they were approved as presented. HEARING: ON PLANNING COMMISSION RESOLUTION #317 Final hearing was held on Planning Commission Resolution #317, comprehensive land use and thoroughfare plan for unincorporated areas south of the city limits. Comments were given by City Planner Merlin Logan, noting that this was the third hearing on this plan, and also that the purpose of the hearings was to legally attach the plan for this area onto the comprehensive plan of the City of Edmonds, since the state statutes now allowed this to be done by cities for areas outside of city limits. Members of the Council ques- tioned the plan for residential zoning on Highway 99, and some expressed the disire to keep the present commerciall strip on the highway. Following discussion on this, it was moved by Councilman Tuson, seconded by Councilman Nordquist that the full length of the highway strip on the proposed comprehensive plan designated as RS be amended to be desig- nated as commercial to a depth of approximately 250 feet. A roll call vote showed four councilmen voting in favor; Slye, Sanborn and Haines against, and the motion carried. Hearing was then opened. A. R. Constantino, 22630 - 105th Ave. W., questioned the comprehensive plan without representation from the prople in the area. He was advised this plan would in no way change the zoning in their area; that they were still governed by the county, but that this was merely to show residents what the City of Edmonds felt 0