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19760217 City Council Minutessaid that he would like to have the city staff come up with some sketches *,for the protection of all of the city buildings, meaning the Senior Center, the museum, etc. PROPOSED ORDINANCES: (1) CREATING C1XZENS SHORELINES MANAGEMENT ADVISORY COMMITTEE (FIRST READING) Mayor Harrison noted that this proposal is to appoint the ad hoc members to the committee. Councilman Gould questioned the advisability of establishing another committee. Deputy City Attorney, John Wallace, said that when the Draft Master Shoreline Program was drawn, passed upon and sent to the State, it directed that a committee be set up composed,.of some of the existing ad hoc citizen's committee to review the Master Program periodically and the inventory. Mr. Wallis, the City Planner, noted that such a committee would be.very.helpful and of great benefit, because of th'e knowledge gained by the committee members while doing their study. Margaret Johnson, one of the members of that committee, felt that,the committee would be extremely valuable to the council and staff. Jerry Gexchke, also a member, felt that the council and staff needs to have input from the citizens of the community. The proposed ordinance will come up for second reading next week. (2) REGULATING CHURCHES IN RM ZONES SAME AS OTHER STRUCTURES IN RM ZONES (1ST READ.) This proposed ordinance was presented.for first reading. (3) TO EXCLUDE REAL ESTATE OFFICES IN RM ZONES (FIRST READING) This proposed ordinance also was presented for first reading and will have its second reading next week. (4) AMENDMENT TO MASSAGE PARIAR ORDINANCE (SECOND READING) • Police Chief, Marlo Foster, reported that there are six major changes in the ordinance, and that body studios will be banned. The fee for the business has beon changed from $225.00 per to $500.00; the attendant's license fee has been increased from $10.00 annually to $25.00 and also requires that they have a State Masseur's License; attendant should have proof of physical examination 30 days prior to making application; certain dress standards are stipulated and the hours will be regulated with a requirement that the establishment be closed between the hours of 12 midnight and 8:00 A.M. He recommended passage. COUNCILMAN GOULD MAOVED, SECONDED BY COUNCILMAN CARNS TO PASS ORDINANCE #1823. MOTION CARRIED UNANIMOUSLY. AUTHORIZATION TO ACQUIRE R/W FOR AHOHA STREET FROM METHODIST CHURCH The City Engineer had presented a written report on this item, and stated that the purpose is to create a proper turn. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN GOULD TO AUTHORIZE THE ENGINEER TO PROCEED AS HE HAS REQUESTED. MOTION CARRIED. APPROVAL -OF FINAL PLAT - HIGGINS ADDITION DIVISION NO. 2 The City Engineer reported that all the Engineering, Planning and Code requirements have been met and he recommended approval. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO APPROVE THE FINAL PLAT OF HIGGINS DIVISION NO.:2-. MOTION CARRIED. CLAIMS FOR DAMAGES Ron Whaley noted that there will be a change in the procedure in acknowledging claims. He said that from now on all Claims for Damages will be forwarded to the insurance company immediately upon receipt, and that the council can be informed at the following meeting. Meeting adjourned at 11:00 P.M. • Irene Varney Moran, (aty Clerk H H. Harrison, Mayor February_,17, 1976 ROLL CALL The regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison in the Council Chambers at the Edmonds Civic Center. All council members were present, except Gellert, who had given prior notice that he would be absent. APPROVAL OF MINUTES The minutes of the meeting of FeOruary loth had been posted, mailed and distributed. Council- man Carns noted that on page 1, 5th par., Senator Waalgren'smame had been misspelled. The minutes were then approved with this correction. COUNICIL PARTICIPATION Mayor Harrison said that at this point he would like to add to the agenda the � nal Plat of Bodine's Addition. City Engineer, Leif Larson, stated that the plat has been -checked and that it has been revised to delete what was formerly included in the preliminary palt, based on council action two weeks ago. The improvements are bonded, and he recommended approval. Councilman Clement inquired about Lot #1. Joe Wallis, the City Planner, said that this is up for consideration as a contract rezone at the present time, and the matter has not been resolved. MOTION: COUNCILMAN ANDERSON MOVED FOR THE APPROVAL OF THE FINAL PLAT OF BODINE'S ADDITION. COUNCILMAN CARNS SECONDED AND THE MOTION CARRIED. 0 393 Councilman Anderson said that he had selected Friday, March 5th, as the date for the luncheon for council and staff. He will announce the location at a later time. It was noted that this will be a public meeting and that anyone from the press may join the group. There will be no agenda and no decisions made. Councilman Gould said that he had read the minutes of the Communtiy Development Council for February 9th and that he was pleased with what he saw. He said there was a demonstration of some good organizing and planning in process, especially for the 1976 capital and maintenance plans. Mr. Gould said that he would be -interested in seeing the documant that will'be produced. Councilman Gould made reference to a letter from the City Engineer dated the 30th of January regarding 84th West and 184th West, -asking the council to discuss this property and its access and take some action on it. He felt that this should be placed on the agenda. Mr. Larson said that there has been some discussion with some of the property owners and they would like to bring it to the Council's attention to plead their cause. He said that it would be appropriate to MOTION: schedule the matter. 'COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PLACE THIS MATTER ON THE AGENDA FOR MARCH 16TH. MOTION CARRIED. Councilman Carns requested that the hour for beginning the March 2nd Council Meeting be changed from 7:30 P.M., so that those who desire to do so, can leave earlier to attend precinct caucuses MOTION: to be held that evening. COUNCILMAN CARNS MOVED; SECONDED BY COUNCILMAN GOULD TO START THE MARCH 2ND COUNCIL MEETING AT 7:00 P:M. MOTION CARRIED. The Deputy City -Attorney noted that the news media would have to be notified of this change. Councilman Nordquist reminded council that last week Ken Newerf of the Snohomish County'.Economic Development Council spoke to the council about the possibility of the City of Edmonds joining their organization. -Councilamn Nordquist woundered if the council would like to take action on the matter. He felt that this would be a good research tool. It was noted that the membership fee is • $300.00. Councilman Clement said that given the amount of zoned industrial property in the City, he said he does not see the value of the EDC to the City. Councilman Gould felt that the other services offered would be of value to the City. City Planner, Joe Wallis, responded to Councilman Clement's remark saying that there are a lot of properties along Highway 99 where some light industry would be appropriate and from that standpoint it would be well to.work with the Economic Development Council. Councilman Herb was in favor of joining. Councilman Carns felt that it would be helpful .MOTION: to the citizens of Edmonds in looking for work. COUNCILMAN NORDQUIST MOVED TO APPLY FOR MEMBERSHIP IN THE SNOHOMISH COUNTY ECONOMIC DEVELOPMENT COUNCIL AND NOTIFY THEM OF OUR INTENT TO JOIN; THIS EXPENSE IS TO BE FUNDED FORM THE CONTINGENCY FUND. COUNCILMAN CARNS SECONDED AND THE MOTION CARRIED WITH COUNCILMAN CLEMENT VOTING AGAINST. HEARINGS ON PLANNING COMMISSION RESOLUTIONS #363 - 174th RIGHT-OF-WAY. The City Planner noted that the applicant in this matter was the staff and that it was commenced some time back and was heard by the Planning Commission first in August of 1971. At that time they recommended approval. It was subsequently -heard by the City council and the motion then was to follow the Engineer's recommendation to have the City Engineer to proceed on the basis of a prepared map.and boundary agreement method in order to complete the establish- ment of the right-of-way: Mr. Wallis said that this is essentially an amendment to the Official Street Map in order to rectify the situation which has existed for some time on 174th. He then placed a map on the board. The City Engineer then explained and illustrated where the dedicated right-of- way is located and indicated the traveled portion of the roadway. He said that oringinally the right-of-way was proposed as 50'. He said that due to the fact that many people thought that the existing road was on the right-of-way line, one or two houses were built in the right-of-way at both ends. The residents of the area did their own survey and proposed the 30' right-of-way which Mr. Larson indicated on the map. Due to an oversight it was not put on the Official Street Map. What is planned now is to put it on the Official Street Map and confirm the actions taken before the • Planning Commission and the Council in 1971. Mr. Larson said that actions have been taken to try to acquire the right-of-way. Aproposed deed was prepared -and sent to the property owners, which he said would be subject to council acceptance. To date only one piece of .right-of-way has been acquired. He mentioned that there have been subsequent meetings to try to settle some of the problems one being a house that is in the right -.of -way. Mr. Larson and the -City Attorney have had meetings with that owner, but there has been no resolution of the problem. The public hearing was then opened. Suzanne Fenimore, 6728 - 174th, wanted clarification on what is proposed as they have just -lived in the area for one year. Mr. Larson explained and said that there is no plan for widening. A lady residing at 6820 - 174th said that it is her understanding that their property is divided in half by the existing roadway. Mr. Larson said that they sent the proposed deed to the people she bought theproperty from, but Mr. Larson said that a copy of that could be provided to the present owner. Mr. Chambers, 6803 - 174th, felt that the right-of-way should go to the north. Mr. Larson said that it cannot be moved all the way north, because the topography will not allow this. There was a great geal of discussion which also involved comments on the Hinton property. Mr. Gallagher said that he owns on the north side to the city of have the road straightened out on the north side, but that he would not like it coming to the south. Attorney Wallace said that Mrs. Hinton probably has an excellent claim of adverse possession, and probably owns everything within the fenced area and where the house is situated, except what is in the public right-of-way. Councilman Anderson suggested that the City should look at'what it would cost to buy the Hinton House, and what it would cost to move the house, and put the roadway up north. Engineer Larson said that the roadway has to be near its present alignment, except that it could move a little north on the east side, but it can't move a MOTION: great deal without getting into topographic problems. COUNCILMAN ADDERSON MOVED, SECONDED BY COUNCILMAN CLEMENT THAT WE CONTINUE THIS ITEM TO THE MARCH'9TH MEETING AND THAT BETWEEN NOW AND THEN WE HOLD THE EXECUTIVE SESSION RE/HINTON PROPERTY; AND THAT THE CITY ENGINEER ALSO PRESENT AT THAT TIME A SIMILAR PROPOSED RIGHT -OF -_WAY WITH THE PROPOSAL TO BE DONE DISREGARDING THE PRESENCE OF THE HINTON HOUSE. CARRIED. 485 - RECOMMENDING EXCLUDING REAL ESTATE OFFICES FROM RM ZONES '394 MOTION: MOTION: City Planner, Joe Wallis, said that this is a proposed amendment to the Zoning Code. He said they had several applications for real estate offices in RM zones, as professional offices are permitted in RM zones. Mr. Wallis said that it has been his recommendation to consider the possibility of excluding real estate offices form the professional definition. He suggested an addition to.the permitted uses seciton of the code which would exclude real estate offices from the list of permitted uses in an RM zone and further stating that real estate offices are incom- patible uses in residential zones due to the signage, parking and traffic requirements. He noted also that the Board of Adjustment has denied a conditional use permit for a real estate office in an RM zone as an inappropriate use in a residential district. Mr. Wallis read the definition of a professional office. The �)'I,blic portion of the hearing was then opened. Bob Hacker said that real estate offices do not handle commodities, but they do perfrom a service. He said that the type of office that goes in could be restricted. He said that it could be a low profile office; not open at night, andtherefore no lighted sign would be required. Mr. Hacker said that eliminating real estate offices completely would be poor planning. Mr. Wallis said.that at the last Planningmmission meeting particular attention was paid to the Westgate Area. He said that the area is not exactly a BN zone, so they are looking at what kind of zone should it be, and what about the peripheral rises. Consideration was -given to an RD use in which offices would be permitted that do not have on -site customer service. Possibly this would have limited signage and parking. Mr. Wallis said at this time he would recommend that real estate offices be prohibited in an RM zone, because at the present time we do not have limitations on signing, for example. He felt other constraints should be added. The hearing was then closed. Following some further com- ments, COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS THAT THE COUNCIL UPHOLD PLANNING COMMISSION RESOULTION #485 AND INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO CARRY OUT THOSE FINDSING. Councilman Carns said that he was.seconding because real estate offices do a large percentage of their work on Saturdays and.Sundays, and he does no feel this is appropriate in a residential zone. He siad that most professional offices are closed on weekends. Council- man Herb siad that he would speak against the motion said that there are other professions where there might be greater singing, and there also may be some real estate offices that might have small very tasteful signs. He noted that there are controls by two boards - the Amenities Design Board and the Board of Adjustment. Councilman Gould noted that the Board of Adjustment has already denied an application on the basis that they felt it inappropriate. THE MOTION CARRIED FOLLOWING A ROLL CALL VOTE RESULTING IN "YES" VOTES FROM GOULD, CLEMENT AND CARNS; "NO" VOTES FROM ANDERSON AND HERB. NORDQUIST DID NOT VOTE AS HE HAD LEFT FOR THE EVENING. #486 - REGULATING CHURCHES IN RM ZONES THE SAME AS OTHER STRUCTURES IN RM ZONES 1 1 .• The City Planner said that this is another proposed amendment to the Zoning Ordinance. He said that the basis of the application was the Open Bible Church across the street from the Civic Center. Apparently there had been an attempt to have more space around that building. Mr. Wallis said that there are additional requirements..of churches in RM aones, that are not required of apartment buildings which would be of comparable mass. The recommendation was for an amendment reading, that "Building shall be no closer than 30 feet to any property line in an RS Zone, or the minimum front yard setback of the zone in which proposed". It was pointed out that this would mean that the building would be 30' away from the property line.all around, except that the front yard set- back would be the same as in the zone where it will be located. The public portion of the hear- ing was opened, but no one wished to speak and the hearing was closed. COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN CARNS THAT THE ATTORNEY DRAFT AN ORDINANCE CONSISTENT WITH THE INTENT OF PLANNING COMMISSION RESOLUTION #485. MOTION CARRIED. APPROVAL OF PRELIMINARY PLAT - BURLINGTON NORTHERN Councilman Gould said that the would not participate in any way in this discussion as it will be in conflict with out ordinance #1678. Mr. Wallis reviewed the Planning Commission minutes of January 14, 1976 relating to this item and noted that it is an environmentally sensitive area, as it has been designated a flood hazard area. He -indicated the lots and the location on the map and said that the parcel contains 4.32 acres and that the soil is sand and gravel. It is in a CW aone. He said that a portion of the parcel is in the Shoreline Zone and..there has been one Shorelines • Management Application. The City Engineer said that they will require sidewalks on the east side of Admiral Way in front of all the lots. He also said that positive drainage should be provided. Mr. Karr of Boat Loft said that he does no understand why drainage would have to be provided if he continues to do the same kind of business he has done in the past. Mr. Larson said that perhaps a swale along the back of the property between the railroad tracts and the property might be adequate. Mr. Karr also inquired about the need for sidewalks and Mr. Larson indicated that there is a trend towards more pedestrian activities and that this is a requirement in commercial as well as residential zones now. Greg Selvidge said that.Gordon Maxwell was the only person who had been concerned about this development when it was before the Planning Commission. He felt that since Mr. Maxwell was not present this evening, he was no longer objecting. Don Martin, Anchor Boats, also did not see the need for sidewalks. Mr. Larson said again that this plat would be required to put sidewalks in. Mr. Martin asked if this would be in the right-of-way area and Mr. Larson said that it would be, and that this would be done by the developer. Mr. Gordon withBurlington Northern asked if sidewalks specifications were availabel and Mr. Larson said that the Engineering Department has them. The City Engineer said that he was recommending approval of the preliminary plat, but once it is approved then they will have to come in with the engineering for the engineering requirements. Mr. Larson said that the bond amount would be set on the basis of the design and the drainage system. COUNCIL- MAN HERB MOVED, SECONDED BY COUNCILMAN CLEMENT THAT THE PRELIMINARY PLAT OF BURLINGTON NORTHERN BE APPROVED SUBJECT TO ENGINEERING REQUIREMENTS. The'City Planner was asked about the parking require ments and he replied that the parking requirements cannot be established until it is known what the use will be for a given plot of ground. Following a brief discussion, THE MOTION CARRIED. PROPOSED ORDINANCE AMENDING #1808, TO REDUCE GENERAL FUND & INCREASE CONTINGENCY FUND BY THE SUM OF $2.625. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN CLEMENT TO PASS ORDINANCE #1820. MOTION CARRIED. 0 95 C� PROPOSED ORDINANCE AMENDING MASSAGE PARLOR.ORDINANCE RE/BODY STUDIOS 1 1 • 1 This proposed ordinance came on for.,f-i'-r.st reading with a brief comment by Craig -Cola saying that he felt the ordinance was unfair. Second reading will be next week. PROPOSED ORDINANCE - AMENDMENT TO REQUIRE ANNUAL BUSINESS LICENSE This matter came up for fitst reading. Mayor Harrison read a letter from Al Kincaid, President of the Edmonds Chamber of Commerce, stating that t meeting of the Board of Trustees had been held on the 5th of Fevruary concerning this item: The Trustees had suggested a $5.00 annual business license fee, rather than the $5.00 one time only charge. Mr. Kincaid said that it was his personal opinion that a flat $10.00 annual fee should be imposed. Councilman. Herb said that he would favor a flat fee of $10.00 or $15.00, as he felt there were many little businessmen in Edmonds that were struggling along and providing a good service, and that he would not want to burden them with increased fees. Councilman Gould felt that the $10, $25 and $50 was just about right. Councilman Carns said that he is in business in Lynnwood and pays similar fees and he felt that he was paying his fair share of the city services provided to him. Councilman Herb made an inquiry about fire inspection fees. Chief Cooper said fees are not charged for inspections, but that probably what he is refeering to is a $5.00 permit fee for the storage of.flammable substances. STREET USE PERMIT - FREDERICKSON REALTY, MAIN STREET City Engineer, Leif Larson, said that Frederickson has made a request for a sign 4' x 2' which would.project into the right-of-way 3'. The'sign has been.approved by the,Amenities Desing Board, and Mr. Larson recommended approval, subject to Frederickson providing insurance MOTION: holding the city harmless. COUNCILMAN CARNS MOVED TO APPROVE THE STREET USE PERMIT FOR FREDERICKSON REALTY. THE MOTION WAS SECONDED BY COUNCILMAN ANDERSON AND CARRIED. ADVICE FROM ATTORNEY ON LEGAL RAMIFICATIONS RE/APPLICATION. FOR BUILDING PERMIT-STEINMAN PROPERTY, 172ND STREET S.W. Councilman Gould spoke on this matter and also Attorney Wallace to the effect that Mr. MOTION: Steinman should be .permitted to remove equipment and and machinery.on the property. COUNCIL- MAN GOULD MOVED TO DIRECT THE ATTORNEY TO ADVISE MR. STEINMAN THAT HE MAY REMOVE HIS EQUIPMENT AND MACHINERY FROM THE PROPERTY OT HIS SATISFACTION EVEN THOUGH HE (MR. STEINMAN) HAS MADE NO REQUEST TO REMOVE IT. COUNCILMAN CARNS SECONDED AND THE MOTION WAS CARRIED. 'Deputy City Attorney, John Wallace, then said that fir. Steinman has filed a Claim for Damages relating to this matter, so any further input that he would have, i-n light -of the fact that there is a possibility of litigation pending, would be more appropriate -for an executive session since it would be in the nature of attorney -advice to client. CLAIMS FOR DAMAGES Council then acknowledged, receipt of a Claim for Damages from Merle Steinman. This was refer- red to the City Clerk for processing. It was also noted at this time that.the Council, Mayor and Attorney would retire to the Mayor's Office for an executive session. The meeting was then adjourned at 9:50 P.M. Irene Varney Moran, Cip Clerk March 2, 1976 ROLL CALL H. H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order at.7:00 P.M. by Mayor Harrison in the Council Chambers at the Edmonds Civic Center. All council members were present except Gellert and Clement. APPROVAL OF MINUTES The minutes of..the meeting of February 24th had been posted, mailed and distributed. There were no omissions, nor corrections and the minutes were approved as written. COUNCIL PARTICIPATION Councilman Anderson reminded the council of the luncheon meeting to be held at the Meat Market Restaurant on March 5th at noon. Councilman Gould said that he had received a call from a citizen supporting the'fishing pier. ' Mayor Harrison said that he had received a copy of a letter from the Deputy Director of the Department of Fisheries addressed to Gordon Maxwell, Port Commissioner. The Mayor read the letter which advised that the Department of,Fisheries is prepared to contribute financially to the acquisition and/or development of appropriate -parking for fishing pier users. They reserved $27,000 for this purpose. The Deputy Director said that if it is found in the future that the parking cannot be adequately provided for with this amount, they would seek an appropriate increase from the Legislature. Mayor Harrison said that at a recent meeting with the Port, the Port indicated a desire to have the City make an,effort to acquire the parking now. The Mayor felt that the City should attempt to use the $27,000,. and the City should write a letter to the Burlington Northern and ask them for first refusal if the lot at Dayton and Railroad becomes available. Councilman Carns moved that the City ask for first refusal on the Burlington Northern property. Deputy City Attorney,.John Wallace, said that