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19760203 City Council Minutes382 n U PROPOSED ORDINANCE - AMENDMENT TO SAUNA PARLOR ORDINANCE (FIRST READING MOTION: Police Chief, Marlo Foster, reported that our neighboring cities have changed their ordinances and some concern has been expressed that we should change ours in order to keep this kind of business out of Edmonds. Councilman Gould said he would like to start from the beginning and have the City Attorney look into what we can and cannot do. Councilman Gellert felt perhaps we should look at the Seattle and King County ordinances with regard to body painting studios with the idea of adding further pro- hibitions. COUNCILMAN'GELLERT MOVED, SECONDED BY COUNCILMAN HERB TO INSTRUCT THE ATTORNEY TO INVES- TIGATE THE ELIMINATION OF ALL BODY PAINTING. MOTION CARRIED. PROPOSED RESOLUTION SETTING DATE FOR HEARING ON VACATION OF PORTION OF ELM AND FIRST. City Engineer, Leif Larson, said that Dean Nordquist had requested that this matter be continued to MOTION: a later date for business reasons. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PLACE THIS ON THE MARCH 23RD AGENDA. MOTION CARRIED. There being no further business, the meeting was adjourned at 11:05 P.M. JZ4"e." nl�� AOL�� - IRENE VARNEY MORAN, gity Clerk February 3, 1976 ROLL CALL r H. UHHAARISO�NMayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P..M. in the Council Chambers at the Edmonds Civic Center. All council members were present, except Anderson. APPROVAL OF MINUTES The minutes of the meeting of January 27th had been posted, mailed and distributed. Councilman Gould said that the "Mrs. Andrey" referred to in the next to the last paragraph on the first page, should be spelled without the "y". Also it was noted that the 5th line concerning the hearing on the Final Assessment Roll - LID 194 should ready "....the ordinance confirming the final assessment roll.", in lieu of "accepting the LID boundaries." The minutes were then approved as corrected. COUNCIL PARTICIPATION 1 0 Councilman Carns said that he had attended a recent meeting of the Park Board as liaison, and that at that meeting the Board had expressed a desire to have a joint meeting with the City Council at the MOTION: work meeting on March 9th if possible. They would like some clarification of their roll. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PLACE ON THE AGENDA FOR MARCH 9TH A JOINT MEETING WITH THE PARK BOARD. MOTION CARRIED. Councilman Gellert made reference to a letter from Liberty TV Cable which had been routed to Mayor and Council in which they claim that they have done the work which was agreed to be done for the $.25 increase to their subscribers. He said that they have requested an audience with the Council on the 17th and that MOTION: he did not object to that, but that he would be out of the State on that date. COUNCILMAN NORDQUIST MOVED TO SEND A LETTER TO LIBERTY TV CABLE NOTIFYING THEM THAT IT HAS BEEN PLACED ON THE AGENDA FOR FEBRUARY 24TH FOR ANY INPUT THEY MAY WISH TO GIVE THE COUNCIL. COUNCILMAN CARNS SECONDED THE,MOTION. MOTION CARRIED. At this point, Councilman Clement stated that he would not be present on the 24th of February, nor on • the 2nd of March. Mayor Harrison noted that he had a letter from the City Engineer regarding a subdivision on 84th Avenue West. Mr. Larson said that he believed the developer would be asking for an audience within the next week or so. Councilman Gellert asked if the council could be provided with some information on what is being requested. Joe Wallis, the City Planner, said that this would be contained in the Planning Commission Minutes as it was heard by the Commission last week. AUDIENCE PARTICIPATION John Nielson, 21908 - 76th Avenue West, complained about the lack of parking and the difficulty getting in and out of his driveway on 76th. The City Engineer said thatpart of the problem is the channelization for the light at 220th and an ordinance that eliminated the parking on 76th West. Mr. Callahan, who lives next door to Mr. Nielson, said that he has the same problem. Mr. J. E. Roberts presented some pictures to the council illustrating the problem. CORRESPONDENCE Mayor Harrison read a letter which indicated that the parents of Ballinger..students are very con- cerned about the safety of the over 100 children who must cross 76th Avenue West on their way to and from school. There was a suggesti6n that a pedestrian crossing be located at 228th and 76th to assure the children a safe crossing. They wished notification when this would appear on the MOTION: Council agenda. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN GELLERT TO HAVE A REPORT ON THE CROSSING AT 228TH AND 76TH AVENUE WEST PLACED AS AN AGENDA ITEM FOR FEBRUARY 24TH, AND TO NOTIFY MRS. GRADWOLD AND MRS. LINDSTROM. MOTION CARRIED. is 383 HEARING: ON FINAL ASSESSMENT ROLL - LID #193, 220TH URBAN ARTERIAL PROJECT • 1 U 1 The City Engineer, Leif Larson, reported that the estimated cost of the project was $673,000. Of this, $25,000 was paid by the State for a portion of the signal on HighwaY.99, so the.Urban Arterial project excluding the State's participation on Highway 99, amounted to $648,000. The City's portion was 55.5% and 44.5% was in the County.. The City's portion amounted to.$359,640 and the UAB participation in that amount was $623,676. The total amount to be participated in by the City is $35,964.00. The LID share assessed to the property owners was $20,227.60 based upon the $4.00/zff, which was the same figure that was used in the preliminary hearing over a year ago. City funds required was $21,376.40 in addition to that which was assessed to the property owners. Mr. Larson indicated on the map the LID boundaries which are from 84th on the west to Highway 99 on the east. He then explained the zone termini method and said that the assessment can be paid in cash within 30 days, or in 10 annual installments over a ten year period. He explained also that some of the people not abutting 220th were assessed, because the boundary line for the LID is determined in accordance with the State Code. A gentleman in the audience asked what the interest rate would be. The Attorney said that it is'estimated at between 5-1/2 and 6-1/2%. He said that this would not be fixed until the pre- payment period is over and it is known how many bonds will have to be issued. Following this, Mr. Larson said that it is his recommendation that the assessment roll be confirmed, as we have the same rate that has been charged to every other arterial improvement project done by the Urban Arterial Board ($4.00/zff) and the same method of assessment has been used. This would be subject to whatever the protests are. The public portion of the hearing was then opened. L. J. Callahan felt that they should be able to get in and out of their driveways on 76th Avenue West. He said that he is retired and living on a.pension, paying taxes on his property and he did not feel he should be assessed. The City Engineer said that there is no parking from Highway 99 to 76th on 220th and on 76th from 206th to Highway 99. The reason for this is that there is quite an extensive use of 76th and when you get to the signals you have to be able to channelize and direct the traffic. Council- man Gellert made a comment which has been frequently mentioned by Councilman Anderson, that 76th is the main access to Stevens Memorial Hospital and that anything that would impede the access of emergency vehicles is not in the best interests of the people in the general vicinity. Councilman Carns asked the City Engineer if there is more traffic north on 76th from Highway 99 than there is to the south. The Engineer said that this appears to be the case, but that he has no statistics to prove it at this time. They will be doing more traffic counts in the Spring. John Nielson, 21908 - 76th Avenue West, said that in making 76th four lanes, the City is asking 76th to do what Highway 99 and the Freeways are designed to do. F. E. Roberts complained about the access to his garage. Mr. Larson said that there was a previous owner, who said that he was not interested in having access to that garage. Mr. Roberts commented that blocking the garage reduces the value of the property. Mr. Larson said that during the course of construction, Mr. Roberts did not contact him with his complaint. Mr. Roberts further commented that the only way to get out is to back into the arterial, which he understands to be an illegal action in this State. James E. Blue complained about the speed of the.traffic in the area. Councilman Gellert said that he feels there was an error made in putting a curb where Mr. Roberts' property is, and wondered if this could be corrected. Mr. Larson said that he would look at it. Discussion followed. Mayor Harrison said that he can see that Nielson, Callahan and Roberts have a problem in trying to get into their property. He thought the least the City could do would be to eliminate their property from the LID. Councilman Nordquist said that he could not see why the parking had to be taken off the west side of 76th West. He said that if an ambulance is going to the hospital, he would travel on the east side and turn right, and if he is coming from the north he would turn before he gets to the Medical Center. Therefore, the traffic does not have to be removed all the way from the Medical Center to 220th. He felt that restoring the parking on the west side of the street would help the problem. The City Engineer suggested that anything in regard to this be subject to the Engineering Department taking all the traffic counts and re -studying the movements. He said that it could present a problem to change it now, because the lights have all been installed. Mr. Larson said that he would try to have this information back to the Council by the 1st of June, Councilman Nordquist said that he would like to see a list of what is going to be studied. He felt that if there are plans to take parking away on more streets, this should be advertised to allow the public time for comment. Councilman Nordquist also thought the Police Department should get involved in the safety factor. As a matter of interest, Mr. Larson said that he has heard that they are starting to design the additional ramps for the inter- section at Highway 99 and that possibly they will be under construction by the end of this year (at Aurora Village). Councilman Gellert wondered if the M.A.A. could get together with the Police Chief and the gentleman in the audience that mentioned the speeding problem and perhaps set up some surveillance program to see if this can be curtailed somewhat. Ron Whaley the M.A.A., said that the Police Department does have such a program under way. Bob Gustafson asked the Engineer for the rating of this street, which was explained by Mr. Larson. The hearing was then closed. MOTION: COUNCILMAN NORDQUIST MOVED FOR THE PASSAGE OF ORDINANCE #1815, APPROVING AND CONFIRMING THE ASSESSMENT AND ASSESSMENT ROLL FOR LID #193, WITH THE EXCLUSION OF ASSESSMENT #35 (CALLAHAN); #36 (LONGFELLOW/ NIELSON) AND #37 (SMITH), AS THEY WERE NOT BENEFITED; AND INSTRUCTION TO THE ENGINEER TO CORRECT THE CURB -CUT PROBLEM ON THE ROBERTS PROPERTY. Councilman Clement said that he would vote against -the motion, because in looking at the map, he could see several other properties that should not be in- cluded and he cannot decide where the benefit begins and ends. THE MOTION WAS SECONDED BY COUNCILMAN GELLERT. THE MOTION PASSED FOLLOWING A ROLL CALL VOTE WITH GOULD AND CLEMENT VOTING AGAINST AND GELLERT, NORDQUIST, CARNS AND HERB NOTING IN FAVOR. MOTION: COUNCILMAN CARNS MOVED TO PLACE ON THE AGENDA FOR JUNE 1ST THE PARKING STUDY THAT THE CITY ENGINEER IS TO.DO IN RELATIONSHIP TO 76TH, AND TO ALSO CONSIDER THE PARKING ON THE WEST SIDE OF 76TH AT THAT TIME. COUNCILMAN NORDQUIST SECONDED AND THE MOTION CARRIED. • 384 HEARING: ON PROPOSED AMENDMENT TO BUSINESS LICENSES • M.A.A. Ron Whaley, reported on this matter and made reference to memos which had been sent to the council containing information regarding licensing of businesses. Mr. Whaley commented that a one time business license such as the City now has creates a problem for keeping records up to date. He also said that it is impossible to process a license for the $5.00 fee and that it costs approximately $20.00 for the original processing. It was noted that it is also helpful for the Fire Department to know where dangerous materials might be stored in connection with a particular business. The Building Official said that it is also helpful in obtaining compliance with the building code. Councilman Gellert said that it seemed to be a matter of whether there should be a fixed fee or a percentage of revenue. The public portion of the hearing was then opened. Paul Nolan felt that it should not be a matter of how much the city canget, but of how much does the city need. Don Shroeder said that licensing is for regulating, and not for taxing. He said that licensing for the purpose of making money is a losing proposition. There was some further general discussion, with Mr. Nolan saying that he was not against an increase in the license fee, but that taxation would be a totally different matter and should be brought to the attention of the business people. Councilman Herb agreed. The pudic portion of the hearing was then closed. MOTION: COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN GELLERT THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE PROVIDING THAT BEGINNING JANUARY, 1977 THE CITY OF EDMONDS WILL HAVE AN ANNUAL RENEWABLE BUSINESS LICENSE FEE DUE ON THE 15TH OF FEBRUARY EACH YEAR; IF NOT PAID BY FEBRUARY 15TH 50% WOULD BE ADDED; APPLICATIONS MADE AFTER AUGUST 1ST OF EACH YEAR SHALL BE ASSESSED AT 501% FOR THE BALANCE OF THAT CALENDAR YEAR; THAT HOME OCCUPATION LICENSES BE $10.00 PER YEAR; GENERAL BUSINESS LICENSES BE $25.00 PER YEAR AND THAT BUSINESSES THAT EMPLOY 10 OR MORE FULL-TIME EMPLOYEES YEAR ROUND PAY $50.00 PER YEAR. 71 AMENDMENT: COUNCILMAN GELLERT SAID THAT HE WOULD LIKE TO AMEND THE MOTION OF 10 EMPLOYEES TO HAVING AN EMPLOYMENT OF MORE THAN 120 MAN MONTHS PER YEAR. COUNCILMAN CARNS SECONDED THE AMENDMENT. Councilman Gould com- mented that a flat across the board fee would be easier to administer and would still perform all the . regulatory functions. Councilman Carns reasoned that the larger businesses would have more fire in- spections and that there would be more demands on the Police Department, so he felt it would be more equitable. There was also discussion on home occupation permits. THE AMENDMENT WAS THEN VOTED UPON AND CARRIED AND THE MAIN MOTION AS AMENDED ALSO CARRIED. RESOLUTIONS OF COMMENDATION: MOTION.: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GOULD TO PASS RESOLUTION #353 COMTENDING NATALIE SHIPPEN FOR HER SERVICE TO THE CITIZENS. MOTION CARRIED. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GOULD TO PASS RESOLUTION #354 COMMENDING NORMA BRUNS FOR HER SERVICE TO THE CITIZENS. MOTION CARRIED. REPORT FROM BUILDING DEPARTMENT ON PLUMBING AND MECHANICAL FEES Harry Whitcutt, the Building Official, said that this matter was brought up during the Budget Hearings and at the December 2nd meeting the council asked for a report. This was referred to the Board of Appeals and was heard by them on the 19th of January. The Building Department recommended increasing the fee schedule as shown on the memo to the Council. (From $2.00 to $5.00). This would result in an annual increase of approximately $1,000 in Department revenue. There was a suggestion that the MOTION: matter of plan check fees be considered at some future date. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS THAT THE RECOMMENDATION OF THE BOARD OF APPEALS BE ADOPTED. MOTION CARRIED. MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMANCARNS THAT THE BOARD OF APPEALS BE INSTRUCTED TO REVIEW THE BUILDING OFFICIALS' RECOMMENDATIONS REGARDING PLAN CHECK FEES AND BUILDING PERMITS AND REPORT BACK ON THE 16TH OF MARCH. MOTION,CARRIED. Mr. Whitcutt mentioned that the Board of Appeals will be meeting on the 23rd of February. PROPOSED ORDINANCES • MOTION: COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS TO PASS ORDINANCE #1816 AMENDING THE NUMBER OF EX-OFFICIO COUNCILMEN ON THE PLANNING COMMISSION. CARRIED. MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMANCARNS TO PASS ORDINANCE #1817 TO ALLOW TENNIS COURTS WITH FENCES IN RS ZONES WITH CONDITIONAW�EtiL'PERMIT. CARRIED.. MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS ORDINANCE #1818 RE/MEASUREMENT OF WHARF & BUILDING HEIGHTS IN CW ZONES. MOTION CARRIED. MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GELLERT TO PASS ORDINANCE #1819 AMENDING THE OFFICIAL STREET MAP IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTIONS 481 AND 482, 50' R/W ON SEA VISTA PLACE EXTENSION AND 7TH BETWEEN ELM & BIRCH. MOTION CARRIED. In regard to the Sauna Parlor Ordinance, the Deputy City Attorney advised that he had requested a copy of the City of Seattle ordinance regarding body painting studios, etc., but to date has not received MOTION: anything from them. He suggested that the matter be postponed. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS TO HAVE A REPORT ON THIS MATTER AT THE WORK MEETING OF FEBRUARY 10TH.CARRIED. PROPOSED ORDINANCE AMENDING #1808, TO REDUCE GENERAL FUND AND INCREASE CONTINGENCY FUND BY THE SUM � OF $2,625. -. MOTION: COUNCILMAN CARPS MOVED, SECONDED BY COUNCILMAN GELLERT TO PLACE THIS ITEM ON THE AGENDA FOR FEBRUARY 17TH. MOTION CARRIED. FURTHER DISCUSSION ON P.C. RESOLUTION #483, 50, R/W ON 242ND PL. S.W. The City Planner, Joe Wallis, reported on this item with the help of a map and indicated a proposal for access, however, the Deputy City Attorney said that it would have to go back to the Planning • MOTION: Commission as the proposal changes the easements. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN CARNS THAT THIS ITEM BE RETURNED TO THE PLANNING COMMISSION TO CONSIDER ACCESS TO PROPERTIES TO THE SOUTH AND EAST. Mr. Wallace said that it has to be posted and published, so that residents in the area can come down and look at the maps to see where the proposed access will be. FOLLOWING SOME DISCUSSION, THE MOTION CARRIED. ACCEPTANCE OF PHASE III WATER MAINS & APPURTENANCES - DIORIO CONSTRUCTION CO. - TO ESTABLISH 30 DAY LIEN PERIOD. The City Engineer recommended acceptance.of the Phase III Water Mains and Appurtenances by DiOrio Construction Company and establishing the lien period. Councilman Gellert said that someone has torn up Meadowdale Beach Road and wondered if DiOrio had anything to do with it. Mr. Larson said MOTION: that he would check into it, but that it had nothing to do with this project. COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN GOULD TO ACCEPT THE PHASE III WATER MAINS AND kPPURTENANCES AND ES- TABLISH THE 30-DAY LIEN PERIOD. MOTION CARRIED. SET DATE FOR HEARING ON P.C. RESOLUTION #496, RECOMMENDING CONTRACT REZONE FROM RS-6 TO RML AT 510 HOLLY DRIVE - (UNWIN) MOTIN: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT TO PLACE THIS ON THE COUNCIL AGENDA FOR FEBRUARY 24TH. MOTION CARRIED. PROPOSED RESOLUTION, STATING INTENTION TO APPLY FOR FUNDS FOR PUBLIC TRANSPORTATION Mr. Whaley reported that this is a resolution stating the intention of the City to apply to the United States Department of Transportation, Urban Mass Transportation, for an operating assistance grant for continuation of public transit for 1976 to service the citizens of Edmonds. Following some discussion, MOTION: COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN GELLERT TO PASS RESOLUTION #355• MOTION CARRIED. • The Mayor's Administrative Assistant announced that the Chamber of Commerce will have a luncheon meeting at the Holiday Inn on February 27th. Part of the discussion will be public transportation. CLAIMS FOR DAMAGES 1 • 1 Council acknowledged receipt of a Claim for Damages from Solange French. This was referred to the City Clerk for processing. There being no further business to come before council, the meeting adjourned at 10:30 P.M. ity2ro_JL�-rn ` H. H. HARRISON, Mayor February 10, 1976 (Work Meeting) ROLL CALL The regular.work meeting of the EdmondsCity Council was called to order by Mayor Harve Harrison at 7:30 P.M. in the Council Chambers of the Edmonds Civic Center. All council members were present. APPROVAL OF MINUTES The minutes of the meeting of February 3rd had been posted, mailed anddistributed. The minutes were approved as written. However, at a later time in the meeting Councilman Carns noted that on page 3, 4th paragraph, first line "parking study" should be changed to read "traffic count -",study". On page 4, 2nd paragraph, 4th line, after 1150%", "penalty" should be added. The minutes were then approved as amended. COUNCIL PARTICIPATION Councilman Gellert mentioned that the work meeting agendas were starting to•get full again, and that he thought it had been council policy to have nothing on these agendas unless it was planned at least a week ahead of time, or moved by the council. He said that he would like to avoid placing housekeeping items on the work meeting agendas. Councilman Gellert said that it has his understanding Keith Goldsmith had planned to send a letter of resignation from the Amenities Design Board to the Mayor. However, the Mayor said that he has not received such a letter. Councilman Gellert indicated that he had talked to Mr. Goldsmith and asked him to postpone such action until a joint meeting with the council and the Amenities Design Board MOTION: could be sbheduled, so that these two bodies could discuss matters of mutual concern. COUNCILMAN GELLERT THENNMOVED,-SECONDED BY COUNCILMAN CARNS TO SCHEDULE A JOINT MEETING WITH THE COUNCIL AND AMENITIES DESIGN BOARD FOR THE WORK MEETING OF APRIL 13TH. Councilman Carns noted that he had attended the last Board meeting and had talked to some of the members of the Board, and that they do wish some clarification on several issues. THE MOTION WAS THEN CARRIED. Councilman Gellert said that he would like to have the Mayor ask Mr. Goldsmith to reconsider until after this meeting. Councilman Gould said that S6nate Bill #3274, sponsored by Senator Wahlgren, is beSbre the Legislature now. He said that this bill would allow municipal corporations to get funds from the Motor Vehicle Fund if the funds would be used in the construction of a facility which would be used in whole or in part for off-street parking in the immediate vicinity of an existing or a planned ferry terminal. He thought that the city should look at this bill carefully, if any plans are being made to improve the parking relative to the Trident project. Councilman Gould said that now i9ould be the time to contact our rep- resentativesif we wish to support this bill. He presented two copies of the bill to the Mayor. The