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19700203 City Council Minutes• 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 .6 4 n LJ was desirable for the area should it someday be annexed. Mr.'Constantino stated that: no -One in(.,the area wished annexation to Edmonds,, He also asked ifthe elected officials of Snohomish County had been asked for their opinion on this plan. Attorney Murphy gave an explanation to the audience of the adoption of the original comprehensive plan a few years ago, when the entire area surrounding Edmonds was included that could -conceivably be a part of the city.iri the future. At that time, however, state stautues did not' --- permit cities to project a comprehensive plan outside of the city boundaries. Now the legislature has changed the law to allow this, and in order to remove any possible'legal cloud over the plan, Edmonds now will legally adopt a plan for the...area. Mr. Constantino nevertheless could not understand why the council was spending so much time on this. Mr. Rollins, 22419-78th W., asked why this plan was being pursued now and what was Edmonds' great interest in annexing their area. In order to have the proposed plan redrawn, incorporating the highway changes as suggested by council, the hearing was closed and a motion made by Councilman Haines, seconded by Councilman Kincaid that the matter be continued to the meeting of February,17th. Motion carried. HEARING: PRELIMINARY ASSESSMENT ROLL - RESOLUTION OF INTENTION #228 Hearing was held on Resol'utinn of Intenti:orm#228, proposed LID #179, the UAB pro'jeet on' Walnut and Bowdoin Way between 9th and Five Corners. City Engineer Leif Larson explained' the proposed project in regard io boundaries, cost estimates, and the zone and' termini method of assessment. Hearing was then opened. James Hurley, 1050 Walnut, stated that property along where he lived had been assessed once for paving. However, he was advised that his assessment in that 'area would take care of the installation of sidewalks. Gordon Magill, 935 Walnut, requested that Walnut from 9th to llth be deleted from the project. Another gentleman in the audience asked about the mode of payment on the proposed LID, and the Attorney explained this. Ed Bartels, 751-12th Ave. S., spoke in favor of improving this area which he felt needed sidewalks for children walking to and'from school, and he also stated that he felt the property owners would be getting a bargain at the prices quoted. Mr. Bruce, 9409 Bowdoin Way, had a question on widths of street and sidewalk areas. Harry Bower, 9325 Bowdoin, said he was in favor of the project, but asked if the quoted cost estimate would change. As the Resolution of Intention stands, it will be $4.00 per zone front foot. Mrs. Florek, 917 Walnut, said that she was being charged for a driveway area that is concrete and already there, and she couldn't understand why the city would tear this up just to replace it with the same thing, She asked if there could be an adjustment in her assess- ment. The Mayor then declared the hearing closed.* It was moved by Councilman Nelson, seconded by Councilman Slye that the Attorney be instructed to prepare an ordinance creating LID #179. A roll call vote showed all councilmen in favor and*the motion carried unanimously. HEARING: ON PLANNING COMMISSION RESOLUTION #322 , Hearing was held on Planning Commission Resolution #322, recommending denial of a proposed amendment to the official zoning ordinance which would remove the term, "Distribution Centers and Accessory Storage" from the list of permitted uses in BC, CW, and IP zones. The mayor said that this move had come from'the administration because of the proposed enlargement of a`piggy-back operation that would cause a poten- tial dager to the city from truck traffic, and the feeling was that the waterfront zone should not have this use. He recommended that the council -consider approving this amendment to the zoning ordinance with the BC and IP stricken from it,.leaving only_ the removal of the centers from the CW zone. At this point, Councilman Haines stated' that because of ownership in the waterfront --zone, he would abstain from voting on this. City Planner Merlin Logan explained the action of the Planning Commission at their hearing. Council hearing then opened. Gordon Maxwell supported the denial of the Planning Commission, and noted that this request started out with the CW zone, then the IP and BC zones were later added. He stated that you.' -.cannot deprive the railroad • of using their own property for loading freight for their own purposes. Richard Dickson, Planning Commission Chairman, stated that at the Planning Commission hearing they were dealing with truck traffic control, not control of the piggyback operation. He felt the Planning Commission ihinutes should be read at the council hearings in order to clarf.f y their position on issues. Mr. Allan, 19921-81st P1. W., felt the city should now determine whether or not'to be residential with low traffic volume, and encouraged council to consider changing the zoning to eliminate these distribution -cei,ters from the waterfront. Jim Paul asked if the city could restrict truck traffic to certain streets, and he was answered yes, the city did.'.have that power. Jim Mueller, 209 Casper, stated he was representing PRIDE, and they felt the piggyback operation should be changed now - that the trucks have been operating around the clock, not only during the daytime, and that trucks pulling up the hill all night in a residen- tial area is not pleasant. He added that this operation contributes not only to traffic, but noise and air pollution. Therefore, the PRIDE executive committee recommended that the proposed amendment be adopted.' Mr. H. 0. Hutt, 187th, agreed with the Mayor's recommendation, that the operation should not be allowed on the waterfront. Ken Welling said he thought the city ought to pursue a logical course of conduct toward its goal for a residential area and. serenity in the community; and in accordance with the overall plan, stop generating truck traffic. Jim Haley, 314 Casper, asked if distribution centers were defined. Capt. Shields stated that single family home owners needed business in the city to help with the rising taxes. Gordon Maxwell asked if a piggyback operation would be less objectionable on the east rather than the west side of the track? Mayor Harrison replied that the city wished to preserve the waterfront zone, and keep distribution centers away from it. Councilman Sanborn said it seemed that there was some question as to what constitutes a piggyback opera- tion as it involves waterfront purposes, and distribution of boats in the waterfront zone should be allowed. He said he couldn't see where it fits in to permit this on one side of the tracks and not the other. He felt there was a need to know exactly where piggyback operation comes in, and the language or wording, and the 'intent, should • A X be studied before action is taken on the question. Councilman Nelson stated he would like to continue with the -present wording and-look.into all the zones mentioned. He said the question seems to be if the council'wants the Board of Adjustment to have control on conditional use permits for this., as the wording spells out. Gordon Maxwell noted uses subject to a conditional use permit was an escape valve. 'Hearing was declared closed; Kincaid felt the council had the responsibility to determine uses in all areas, and thought a work session on this was indicated. Councilman Kincaid there- fore moved, seconded by Councilman Sanborn that'since the Planning Commission had looked at this problem in one light, and the council was given it in another light, the matter be pw tponed to a continued hearing on April 7 after a council work session on it. Motion carried. A five minute recess was called.. HEARING: ON PLANNING COMMISSION RESOLUTION #325 Hearing was held on Planning Commission Resolution #325, recommending denial of a proposed amendment to the official zoning ordinance, clarifying the status of petroleum plants in IP zones. City Planner Logan briefed the council on this matter. He stated it was originally the city's attempt to coordinate its plan with the Union Oil Co. plant, so the company could see the city's desire should they annex to the city. ..The Planning Commission minutes were read. The petroleum plant would be a non -conforming use in the IP zone if annexed under the present ordinance, and the Union Oil Co. had expressed concern that the present status would be non -conforming if annexed. In order to expand, the company -would have to go before both the Board of Adjustment and Planning Commission. If' the amendment were adopted, it would clarify for them the conforming use and allow procedure for expansion. Hearing was opened.- Mr. Robert Worman, Union Oil Co. representative from Los Angeles, stated that the company hoped for the • amendment to eliminate problems. It would be the only IP zone in the city, and would require a.condi.tional use permit for the petroleum plant and the Planning Commission would also have to give site approval. To delete the need for conditional use would in- volve only the Planning Commission and Council, and he added that the Union Oil Co. would take the position of being receptive to annexation if this conditional use problem were eliminated. Mr. Ted Chittenden asked a question on county requirements -for the Union Oil Co. Gordon Maxwell asked Mr. Worman if he considered the Union Oil Co. a distribution center. Mr. Worman answered that there had been some trouble defining this tonight. Councilman Kincaid observed.that insofar as the Union Oil Company was concerned, (1) the plant is located there and will undoubtedly remain; (2) with it there and operating, the city has no control over it in the county; (3) if annexed, the city would have more control over it pollution -wise; and (4) having it in the city would -mean -an income of from 15 to 17 thousand in revenue. Councilman Sanborn felt it would be no financial windfall if the company comes into the city. Following much discussion, the hearing was closed. A motion was made by ;Councilman Haines, seconded by Councilman Kincaid that the Attorney prepare an ordinance amending -Section 12.13.330 (g) to allow petroleum products storage distribution and manufacturing, subject to a review by the Planning Commission, utilizing the same criteria as used for conditional use permit grants by the Board of Adjustment. Motion carried. SECOND READINGS: FRINGE BENEFIT ORDINANCE Second reading'was heard on the ordinance amending employee fringe benefits, and a motion was made by Councilman Tuson, seconded.by Councilman Slye that proposed Ordinance #1462 be passed, amending the fringe benefit ordinance. Motion carried. UTILITY TAXES • It was moved by Councilman'Kincaid, seconded by Councilman Nelson that proposed Ordinance #1463 be passed, raising all present utility taxes in'City of Edmonds to 5%. Mr. Leo Pinkerton, in the audience, felt that it was discriminatory`to tax -people who heated their homes with gas or electricity, but not to tax oil as a heating fuel. It was explained that because there were many oil companies delivering to homes in the city, it would be impossible for the city to levy a tax on them. Discussion followed, and it was moved by Councilman Nelson, seconded by Councilman Haines to amend the 5% utility tax ordinance to include garbage collection. 'It was noted that garbage collection is already licensed, regulated and taxed in the city, under an ordinance passed in June 1961, and the motion was withdrawn. A motion was then made by Councilman Tuson, seconded by Councilman Slye to amend the proposed utility ordinance to delete the inclusion of the water on:.the 5% rate, since the water consumption rates had just recently been raised. A roll call vote was taken on the proposed amendment, and it failed..with all councilmen voting against except Tuson and Slye. Vote was then taken on the motion to pass proposed Ordinance #1463, and it carried with Councilmen Tuson and Slye voting against. CHIEF ADMINISTRATIVE OFFICER Second reading was heard on the proposed ordinance establishing a Chief Administrative Officer for the City of Edmonds. Councilman Nordquist suggested that on Page 2, paragraph C, "subject to approval cf the Mayor" be deleted. No action was taken on this -item, and a motion was made by Councilman Slye, seconded by.Councilman Kincaid that proposed Ordinance #1464 be passed. Motion carried. PROPOSED ORDINANCE: "SEWER SERVICE CHARGE" CHANGED TO "UTILITY CHARGE" ON WATER BILLS Councilman Haines moved, seconded by Councilman Nordquist that proposed Ordinance #1465 be passed, amending Ordinance #1458 by redesignating the "Sewer Service" charge as the • "Utility" charge. Motion carried. .g6A CORRESPONDENCE A letter had been received from.the State of Washington Urban Arterial Board in regard to the 9th Avenue project, wherein the city had requested a variance in roadway width from Main to Casper from the required 44_feet to 40 feet, curb to curb. The request was approved, as a first stage construction proposal, subject to receipt by the UAB of written assurance from the city council that the second stage construction proposal will be constructed by the city when the traffic volumes warrant, in accordance with the design standard minimum roadway section details, at no cost to the Urban Arterial.Program. It was moved by Councilman Haines, seconded by Councilman Nelson to authorize the Mayor to write this assurance to the UAB,that the roadway will be constructed according to the standards as described and requested. Motion carried. , It was then moved by Councilman Slye, seconded by Councilman Nelson to authorize the Mayor to proceed with the acquisition of property needed for the project. Motion carried. PROPOSED ORDINANCE ADOPTING 1969 APWA STANDARDS It was moved by Councilman Nordquist, seconded by Councilman Slye that proposed Ordinance #1466 be passed, adopting the 1969 standard specifications for Municipal Public Works Construction prepared by the Washington State Chapter of the American Public Works Association as amended by modifications of the City Engineer. Motion carried. . AUTHORIZATION FOR ENGINEERING ON 84th AND ON WALNUT FROM 7th TO 9th A motion was made by Councilman Slye, seconded by Councilman Nordquist to authorize the engineering for improvements on 84th (17th South) and on Walnut Street from 7th to 9th. Motion carried. DATES FOR OPENING OF BIDS • A motion was made by Councilman Nordquist, seconded by Councilman Slye that the date for opening of bids for LID #167, Forsythe,from 5th to 6th, be set for February 16th and March 2 be set for opening bids on Walnut and Bowdoin from 9th to Five Corners. Motion carried. RESOLUTION OF COMMENDATION Mayor Harrison noted that.Bob Blackbourn's term on the Board of Adjustment had expired after several years of service, and suggested that a Resolution of Commendation be authorized. It was moved by Councilman Slye, seconded by Councilman Tuson that a Resolution of Commendation be written for Bob BTackbourn for his many years of service on the Board of Adjustment. Motion carried. CLAIMS FOR DAMAGES Claims for damages were acknowledged from Bert Hardy and from Fred Taucher. These were referred to the City Clerk for processing. AUDIENCE PARTICIPATION Jim Mueller, representing PRIDE, asked that the council (1) consider the high rise pro- posal coming before the Planning Commission in regard to the Edmonds waterfront. Hec; suggested that information be given to PRIDE as to steps.that can betaken to start acquisition of the waterfront from Dayton to the ferry dock for use as a city park; and (2) that PRIDE requests the council to consider the reappraisal of the comprehensive street plan. He said that Edmonds was becoming a traffic generator and if the citizens • on the streets affected would be allowed to develop a communication with the administrate tion staff and council, it would save time at council meetings. The Mayor suggested that. the PRIDE organization meet with the Park & Recreation Advisory Board in regard to the waterfront. Councilman Tuson noted that he would be on vacation and absent from the council meetings of February 17 and March 3. There was no further business, and the meeting adjourned at 12:10 P.M. Irene Varney Mor n, City Clerk H. Harrison, Mayor .. February 17, 1970 ROLL CALL Regular meeting of the Edmonds City Council was called to order by Mayor Harrison with all councilmen present except*Tuson,,who is on vacation. APPROVAL OF MINUTES Minutes of the meeting of February 3 had been posted and mailed. Councilman Haines noted that under the hearing on Planning Commission Resolution #325, "with council approval" should be added to the motion. The minutes were then approved as -amended.