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19760302 City Council Minutes95 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 396 n LJ he had been in contact with the Burlington Northern Property Office on this question and was informed that they ahve a policy nationwide not to grant rights of first refusal. They did offer to write a letter advising the City when it was available for sale. The motion was then not.acted upon. Councilman Herb said that he had recently attended a meeting at the South County Chamber of Commerce re/transportation. He said that a representative from the State Ferry System said that they are doing a study to see if they should put on a passenger vessel only - no cars. The idea would be for the cars to park in Edmonds, and Councilman Herb ` said that would really aggravate the problem. He said that another thing to consider is the transportation election coming up in June. Mayor Harrison said that there is an item on the March 9th work meeting agenda regarding a report'from the attorney on the status of the CATV on PUD poles. He said that this report has been received, so that this item can be stricken from the March 9th extended agenda. Councilman:Carns.said-that it .was his�'Iunderstanding­that the Junior High School was"going to be reviewed on a quarterly basis and felt this should be placed on the extended agenda. Following discussion on on possible dates, COUNCILMAN CARNS MOVED, SECONDED*BY.000NCILMAN NORDQUIST TO PLACE THIS ITEM ON THE AGENDA FOR APRIL 20TH. MOTION CARRIED. AUDIENCE PARTICIPATION Jack Bellinsk4, representing the Lynnwood Elks Lodge, asked permission to allow their Elks, their families and friends to come into the Edmonds Parks on Saturday, March 20th and Sunday, March 21st, to participate in the Diabetes Bicentennial Work-a-thon. He said that this is a fund-raising effort with the goal being to clean up our parks, recreation and playground facilities. Mr. Bellinski has so far solicited the help of Brier and Lynnwood and has yet approach Mountlake Terrace. He siad that a sponsor sheet will be distributed and youngsters and adults would be knocking on doors to solicit amounts of money for hours worked with a maximum of 16 hours. Litter bags would be provided by the'Diabetes Association. The funds • raised would be used for the purchase of the 4th artificial pancreas machine available in the world. He said that a part of this project -is detection, education and research. As far as detection is concerned the Lynnwood Elks Lodge will sponsor a free testing station in South MOTION: Snohomish County. A MOTION WAS MADE BY COUNCILMAN GOULD AND SECONDED BY COUNCILMAN CARNS THAT THE COUNCIL GO ON RECORD AS SUPPORTING THE LYNNWOOD ELKS WORK-A-THON FOR THE DIABETES ASSOC- IATION ON MARCH 20TH AND 21ST. MOTION CARRIED. Councilman Nordquist said that a letter has been received from the staff asking for the reviews and evaluations of the different staff members. He felt that the Mayor Pro-tem should be asked to composed individual letters of review based on his notes and have them inserted in each individual personnell file. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS THAT THE MAYOR PRO-TEM WRITE THE ABOVE -MENTIONED LETTERS. MOTION CARRIED. SECOND READINGS OF PROPOSED ORDINANCES FROM FEBRUARY 24TH MEETING MOTION: COUNCILMAN NORDQUIST MOVED, SECO CED BY COUNCILMAN CARNS TO PASS ORDINANCE #1824, CREATING A CREATING A CITIZENS SHORELINES MANAGEMENT ADVISORY COMMITTEE. MOTION CARRIED. MOTION: COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS ORDINANCE #1825, REGULATING CHURCHES IN RM ZONES SAME AS OTHER STRUCTURES IN RM ZONES. CARRIED. MOTION: COUNCILMAN CARNS MOVED, SECONDED BY SOUNCILMAN NORDQUIST TO PASS ORDINANCE #1826, TO,EXCLUDE REAL ESTATE OFFICES FROM RM ZONES. MOTION CARRIED. MOTION: COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN CARNS TO PASS ORDINANCE #1827, INCREASING THE ARTS COMMISSION FROM 7 TO 8 MEMBERS. MOTION CARRIED. APPOINTMENT TO ARTS COMMISSION x ....._.. Mayor Harrison offered the name of Ruth Sater for appointiment to the Arts Commission. At • present she is president of the State Federation of Music Clubs, and has been active in the MOTION: Edmonds Music and Arts Club for many years. COUNCILMAN CARNS MOVED .FOR THE CONFIRMATION OF THE APPOINTMENT OF RUTH SATER TO THE EDMONDS ARTS COMMISSION. COUNCILlMdN NORDQUIST SECONDED THE MOTION WHICH WAS THEN CARRIED. PASSAGE OF RESOLUTION TRANSFERRING $300 FOR MEMBERSHIP IN ECONOMIC DEVELOPMENT COUNCIL. MOTIO'J: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS TO PASS RESOLUTION #356 . MOTION CARRIED. HEARING TO DISCUSS PETITION FOR TENNIS COURTS ON SEAVIEW WATER TANK Rod Garretson, Director of Parks and Recreation, reported that the Edmonds Park Advisory Board held a hearing at which there were 40-50 residents of the neighborhood present. Mr. Garretson present. Mr. Garretson presented at council a survey which had been taken by several neighbors around the tank site. This was reviewed by the council. Larry Bailey, Chairman of the Advisory Board, summarized the meeting and said that concern had been expressed about potential traffic problems, lighting and motor bikes. He said that some young people in the audience, who did use motor bikes, said that if the courts were installed they would no longer use the motor bikes there. Mr. Bailey said that the Park Board unanimously recommended that tennis courts be pro- vided on the water tank. The public portion of the hearing was then opened. Brian Trent, 9313-'190th, spoke in favor of the tennis courts and felt there would not be a traffic problem, because the courts would be within walking distance of most residents. Mr. Garretson at this time noted the receipt of a letter from Mr. Sinclair in opposition to the tennis courts. Marilyn Alkire, 9038 - 189th Place S.W., said that she did most of the survey and that most people were in favor of the project. Jim.Curley, 18606 - 88th West and Don Fitzgerald, 18311 Sunset Way, spoke in favor of the courts. John Churchill, who lives. on that 3,97 • street,.said that he is not in favor of the project and that some of his immediate neighbors are not either,.and that he would hope that their concerns would be considered. He suggested the possibility of installing two more tennis courts in Seaview Park. There was discussion on landscaping and screening, especially for abutting property owners; and also with regard to various project costs. The City Engineer said that the matter of landscaping of the water tank site comes before the Amenities Design Board tomorrow evening. Councilman Gould said that he would support the tennis court project for the good of the children, but, -would go on'record;that they not be lighted and that the landscaping provide good buffering. He noted that the plans he had seen provided*parking*for four cars, and he felt that bike racks should be added. Further discussion on parking and landscaping followed. City Engineer, Leif Larson, said that there would have to be landscaping whether the courts go in or not, but that if the tennis courts are MOTION: not put in for some time there would have to be some covering put down. COUNCILMAN GOULD MOVED THAT THE INTENT OF THE.000NCIL.IS TO TAKE ACTIONS THROUGH OUR STAFF THAT WE WILL EVENTUALLY PROVIDE FOR TENNIS COURTS ON THE SEAVIEW WATER TANK; AND THAT THE ACTIONS OF THE AMENITIES DESIGN AND THE STAFF GO FORWARD IN SUCH A MANNER AS TO BE COMPATIBLE WITH INSTALLATION OF TENNIS COURTS. COUNCILMAN ANDERSON SECONDED THE MOTION, WHICH WAS CARRIED UNANIMOUSLY. A gentleman in the audience said that the residents would like to'participate in the planning for this project. The Mayor asked that any persons interested in participating leave their names with Mr. Garretson. There was a brief discussion on a strip of land approximately 2-1/2' x 50' owned by Mr. Sinclair. HEARING ON PLANNING COMMISSIOP4 RESOLUTION #494, TO REMOVE EXCAVATIONS AND LANDFILLS FROM TABLE OF USES..REQUIRING CONDITIONAL USE PERMITS. Mayor Harrison said that he had received a request form the -Planning Department that this item be postponed to the March 23rd meeting. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON THAT THIS ITEM BE PLACED ON THE EXTENDED AGENDA FOR MARCH 23RD. MOTION CARRIED. PROPOSED REVISION IN NUISANCE.ORDINANCE RE/CATERPILLARS • During discussion .of the proposed ordinance, Councilman Herb expressed concern about the wording. Councilman Gould did not feel caterpillars should be memtioned in the ordinance as he believes it would be unenforcible. He also felt the fine would be hard to live with. Councilman Nordquist suggested looking at ordinances from other areas such as Massachusetts, Colorado; etc. COUNCIL- MAN CARNS MOVED, SECONDED BY COUNCILMAN HERB TO CONTINUE DISCUSSION ON THIS MATTER TO MARCH 30TH. There appeared to be a consensus that other ordinances would be looked at along with the penalty section. When asked, the council indicated that they wanted.a re -draft.. ON CALL FOR THE QUESTION, THE MOTION CARRIED. 1 E SET DATE FOR THE SALE OF IOTH & MAPLE PROPERTY MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN.ANDERSON THAT APRIL 1ST BE SET AS THE BID DATE FOR THE SALE OF THE IOTH & MAPLE PROPERTY. MOTION CARRIED. IRENE VARNEY MORAN, Ctly Clerk March 9, 1976 ROLL CALL H. H. HARRISON, Mayor The work 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, with Councilman Nordquist arriving at 9 P.M. after giving advance notice. APPROVAL OF MINUTES The minutes of the meeting of March 2nd had been posted, mailed and distributed. As there were no omsssions, additions, nor corrections, the minutes were approved as written. COUNCIL PARTICIPATION Councilman Carns said that last Thursday at the HUD Block Grant Meeting the Housing Board approv- ed for Edmonds the sum of $156,000 for the South County Senior Citizens Center. Councilman Gould asked what happened to the bill before the Legislature which would allow munici- palities to obtain monies.for parking facilities. The Mayor said that this'bi11 did pass, and that the City is setting up a meeting with the Toll Bridge Authority. Councilman Gould said that he had received a copy.of H.B. 971 from Gary Nelson which deals with a leaseholder's tax which can be administered by a municipality. He asked that the staff read and interpret this bill and report on it at a subsequent meeting. This was .placed on the ex- tended agenda fo-r March 23rd. Councilman Gellert asked when the amended Business License Ordinance would come before council. Deputy City, Eleanor Quealey, advised that this is,scheduled for March 16th. Councilman Anderson memtioned a memo received from Chief Foster regarding the Blood Bank Project. He said that he and Chief Foster are on the Steering Committee and they would like to encourage the city staff eto participate in this prognam. COUNCILMAN ANDERSON MOVED TO PLACE THIS ITEM ON THE AGENDA FOR MARCH 231M. COUNCILMAN GELLERT SECONED AND THE MOTION WAS CARRIED. Councilman Gould said that the council had receiveda memo from Leif Larson via Ron Whaley ask- ing for the approval of the A & E for the Senior Centerremodeling. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN CARNS THAT THE MAYOR BE AUTHORIZED TO SIGN THE ARCHITECTURAL AND •