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19730703 City Council Minutes4.86 • by Councilman Nelson and seconded by Councilman Tuson to pass Resolution #282. Motion carried. APPROVAL OF FIREWORKS STAND Fire Chief, Jack Cooper reported that he had received an application for a fireworks stand from Mountlake Terrace Festival Committee for a stand to be located at 24300 - 76th Avenue West (7-11 Store). He said that in accord- ance with the Edmonds City Code the location has been inspected and he recommended approval. A motion to that effect was made by Councilman Gellert and seconded by Councilman Nelson and carried. SET HEARING - PLANNING COMMISSION RESOLUTION #409 This is a.resolution.recommending approval of a proposed amendment to the Cfficial Street Map amending the future right-of-way width of 76th Avenue West from 244th S.W. to Olympic View Drive. A motion was made by Councilman Fuson and seconded by Councilman Winters to set this hearing for July 17th. Motion carried. There being no further business to come before council, the meeting was adjourned at 10:45 P.M. C��) __1 Eleanor Quealey, Deput City Clerk July 3, 1973 ROLL CALL The regular meeting of the 7:30 P. M. by Mayor Harve except Nordquist,.who was Harve H. Harrison, Mayor Edmonds City Council was called to order at Harrison. All council members were present on vacation. APPROVAL OF MINUTES Minutes of the council meeting of June 26, 1973 had been posted, mailed and distributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Anderson stated that he would like to thank whatever department was responsible for the installation of two fire hydrants in the Meadowdale Area. He said the residents in the area really appreciate it, since there have been some substantial losses due to the lack of water pressure. Dr. Anderson mentioned that these two hydrants were put on the very end on the 6" main where it goes into the 3" main — AUDIENCE PARTICIPATION 1 1 • Mr. Gregg Selvidge, owner of Craig Craft at 316 Admiral Way, said he had just returned from a trip and discovered that "No Parking" signs had been put up on Admiral Way. He said that he has run a marine business in that location for three years and said that they have to parkthe boats outside in order • to work on them. He said there is no parking there and his custormers have to park their vehicles on the street while waiting to be serviced. He stated further that vehicles are not to be parked in that area during weekends, holidays or after 6 P.M. He indicated that this was not convenient due to the nature of his business. He said he knows why this measure was put_hto effect, but does not think it is legitimate and would like to have something done about it. Councilman Tuson asked if Mr. Selvide is working on the boats in the street, but Mr. Selvidge replied that customers have to park their boats there as there is no other place available. Mr. Selvidge wondered if some allowance could be made to permit parking from the Pointer -Willamette Building down to the corner. Councilman Gellert stated that he had been down in that area when the traffic was backed up to the point that there was only one lane available to handle traffic going.in both directions. Mr. Selvidge replied that he had never seen it backed up down to the point of his business in the three .years he has been there. He said that a new dry storage area has just opened up, and up until the time that opened up, there was more than enough_parking for everyone. He said since people cannot park on the street, it forces this parking into this individual's business creating revenue for him., Meanwhile, he feels this takes revenue away from him, because he cannot park vehicles on the street so he can work on them. Councilman Tuson again asked if the boats are worked on in the street, but Mr. Selvidge said that they have to stay on the street until he has an opportunity to work on them. He said they move them in and out as fast as they can. Mayor Harrison asked if they have access from the rear of the property and Mr. Selvidge said he did,. but very little. Parking in the railroad yard was suggested, however, Mr. Selvidge said he would have to approach Burlington - Northern about that. Councilman Gellert suggested that possibly Mr. Selvidge, . the Engineer and the Police Department could get together and work out a solution whereby the street could be kept clear and Mr. Selvidge could still conduct his r� U 487 • business. After some further discussion, Chief Foster said that he had heard many comments as to why the signs went up, but that the responsibility of the Police and Fire Department as to allow the safe movement of vehicular traffic, particularly emergency vehicles. Mayor Harrison said that he would like to look into this matter personally and report back to the council. Councilman Nelson said that he had been down to the waterfront this past weekend and had observed that the major problem -is not parked vehicles, but cars pulling boats and trailers waiting to be launched: He suggested that possibly there could be a cooperative venture with the Port District on the south side of the Fur Breeders' Building..to allow three storage lanes, and in lieu of the counter- clockwise rotation of boats in and out, have the Port consider a clockwise rotation. CORRESPONDENCE Mayor Harrison reported that he had received a letter from the Washington Survey and Rating Bureau notifying us that the City of Edmonds has been placed on their schedule for inspection. They said it would be this Fall before one of their Rating Engineers can make our re -inspection. They will contact us when a firm date can be established. The Mayor called the council's attention to a letter, which had been distributed to them, from the Community Action Council of Snohomish County, Inc. This letter advises that if we are one of the agencies that wishes to participate in the decision -making process, that they will call us as soon as funds are available to implement the programs. • RESOLUTION 4281 FOR UAB PROJECT ON 196th STREET S.W. City Engineer, Leif Larson stated that at the last meeting the suggestion was made that the City of Edmonds be the design and engineering agent and that the City of Lynnwood be the construction agent. However, this particular proposal was unsatisfactory to the Urban Arterial Board as they desire a single agencies to be the administering agency from a financial standpoint. It was their suggestion, since Lynnwood had the majority of the project situated within their city, that they be the primary interest agent. A resolution and prospectus has been prepared on the basic that the City of Lynnwood be the primary interest agency and that the City of Edmonds be a joint agency. Mr. Larson said that a letter has been received from Lynnwood suggesting that Reid, Middleton do the engineering work for the portion of the project situated in Edmonds and that Lynnwood would use their own engineering firm for the portion in the City of Lynnwood. Mr. Larson said we also have a letter from the State in which they have a letter of Understanding in which they propose to grant to the City of Lynnwood $150,000. Mr. Larson said he had a copy of the prospectus which had been re -written incorporating these changes, and he could forsee no objection from the Urban Arterial Board. Councilwoman Shippen asked who submits the prospectus, and Mr. Larson said that the City of Edmonds does for the entire project. Mike Caldwell, Lynnwood Councilman, said that they were in agreement with regard to each city using their own consulting engineers. He -said that they would want to make sure that if any problem should arise that representatives from each city get together immediately in a work session and resolve those problems., Councilwoman Shippen said she did not see any meihtion of bicycle paths or bus turnouts and said she would like to request that these be included in the • plans. She said she has spoken to someone on the staff at Snohomish County Metro and he'was quite certain that the Metro system Is going to include 196th as a bus corridor. She thought we would be remiss in not planning for this now. Meg: Shippen said she had also spoken to Mayor Anderson of the Urban Arterial Board and it is his opinion that the Arterial Board is quite flexible and that they will consider bicycle paths on urban arterial streets. She therefore made a motion that bike paths be included in the description of proposed work on page 3 of the prospectus. Councilman Anderson seconded the motion. Councilman Gellert said that he would tend to agree, but felt that the space provided for the paths should be.in addition to the 441. There was some discussion on right- of-way, and the Mayor wondered if the bicycle paths could be just on one side a small barrier could be constructed along with the bicycle paths to prevent the bike riders from swerving into traffic. Mr. Larson said that these things can be brought out in the design phases. City Planner, Joe Wallis said that he would like to see mass transit accommodated in this particular project. Following some further discussion,.the motion was voted upon and carried. Councilwoman Shippen then made a motion that the design within Edmonds provide for bus turnouts as required. This motion was seconded by Councilman Anderson. Mrs. Shippen said that she believes there is a plan forthcoming in October which will make 196th a bus route. CAO Ron Whaley pointed out that as far as busses are concerned, we have a problem there right now since we have school bus turnouts and'said he would like to have a copy of our sketch to take back .to the Lynnwood Council. The motion was voted upon and carried. There followed a brief discussion on right-of-way acquisition. A motion was then made by Councilman Nelson and seconded by Councilwoman Shippen to pass Resolution #281 as re -written. Motion carried. 0 488 • HEARING AND DISCUSSION ON GAMBLING ORDINANCE FOR CITY OF EDMONDS Mayor Harrison stated that it would be in order for the Deputy City Attorney, John Wallace to comment on what the options are for the City of Edmonds. Mr. Wallace said that at the present time there are no options until Snohomish County acts. The county or any first class city within that county are the only bodies that can act to regulate any of the five methods of gambling. We are in the position where we do not have a local option with respect to any of the five methods of gambling which are permitted, since we are a code city. The city would be given the right to tax, not to exceed 10% of the gross revenues, but then the tax rate would likewise be set by the county. Therefore, all the city could do is impose the same tax rate as the county. Mr. Wallace said it would be a case of not imposing the tax in the city, in which instance the county would collect the revenue; or imposing a tax at the rate set by the county. Councilwoman Shippen asked if Edmonds could send a letter to the county saying what we would prefer. Mr. Wallace said he thought the county would be interested in getting input from any city. Chief Foster said that he had been in touch with the Prosecutor's Office late this afternoon and they indicated that they do have a draft proposal of an ordinance for the county, mainly concerning the tax area. They do not yet have any recommendations regarding specific activities. Taxes would be uniform and similar to a B & 0. As of the 16th of July, only those organizations that have licenses can operate and that includes Bingo. Probably there would be some temporary licenses issued to those currently registered with the Department of Revenue as far as Bingo Games are concerned. Councilman'Nelson asked Chief Foster if we have ever had any problem with this kind of activity. Chief Foster said we have not had any problem to his knowledge. Mr. Arnold (Buck) Moore, who said he will probably be a punchboard distributor, said that he had talked to tavern operators in Edmonds and said that he would come to the meeting and "see what was -going on" and let them know. He said they were all concerned about the taxation of the gross income of the business where pull -tabs and,--punchboards are displayed rather than taxation based upon the revenue derived from these "stimulators". He thought that a lot of the taverns would'not put these devices in their establishments, since it would tax them out of business. Councilman Nelson mentioned that he had sent a letter regarding this matter to the Mayor and other members of the council and that he had sent this same letter to our County Commissioners. He said that he had asked the council to consider joining with him in recommending to the County Commissioners that we refrain from levying an additional -"nuisance tax" in Snohomish County at this time. Councilman Nelson made a motion that we recommend to the Snohomish County Commissioners that we have no tax on gambling devices as outlined in HB 711. Taxes were discussed, and Mr. Whaley said that food sales in tavern locations are taxes; all taverns buy a business license the same as any other business in the city and that there is a liquor tax and we got a share of that bassd upon our population. There is also a fee on amusements machines. Councilman Winters asked if this tax is just for enforcement. Councilman Nelson stated that the State Gambling Commission is going to set up a licensing fee right away for any establishment that wishes to engage in these activities. Then the cities act separately and impose the tax with a 10% limit - and that tax is mainly for enforcement purposes. Councilman Winters then said if that is the case he would second Councilman Nelson's motion. There was some discussion as to whether permitting pull -tabs and punchboards in Edmonds would bring in people from other areas. Councilman Nelson said that he felt this was simply an amusement activity and not a "big-time" gambling operation. Mr. Wade Moore, who was in the audience, said he did not feel that people would drive clear up here from Seattle, for instance, to use the pull -tabs. Following a great deal of discussion, the motion was voted upon. A roll call vote resulted in the motion failing with Councilwoman Shippen, and Councilmen Gellert, Tuson and Anderson voting "no" and Councilmen Nelson and Winters voting "yes". A motion was then made by Councilman Nelson and seconded by Councilman Gellert that we recommend to the County Commissioners that no tax be levied on non-profit organizations that are conducting bingo, raffles and amusement games. Carried. Councilman Gellert made a motion seconded by Councilman Tuson that we recommend to the County Commissioners that punchboards and pull -tabs be permitted and that the businesses that display them be taxes at 1% of the gross. After a great deal of discussion, the motion passed. A roll call vote resulted in a negative vote from Councilmen Winters and Nelson and the other members voting in the affirmative. Police Chief, Marlo Foster, said that he would like consideration for an ordinance providing that whatever funds are collected by taxation by the County, be sent back to the City of Edmonds. A motion was made by Councilman Tuson that any money collected in Edmonds resulting from this new law, come to the City of Edmonds; and instruct the attorney to draw an ordinance. Motion carried. 1 • 1 • • HEARING: PLANNING COMMISSION RESOLUTION 4410 489 City Planner, Joe Wallis reported that this was.a matter that had come before the Planning Commission on June 13, 1973. This is.a proposal to remove future Erben Drive between 4th Avenue South and 5th Avenue 'South from the Master Street Plan. Mr. Wallis projected maps and slides of the area on a screen. Mr. Wallis said that he feels this street is not a necessity. 'In answer to questions from the Council, Mr. Wallis clarified that he was recommending that the south 20, from 4th to 5th and the north 20, to the east of the alley be removed and that the north 20, west of the alley be retained. Fire Chief Cooper said that he feels it is a poor move to remove an area that will give them complete access when you are talking about placing more residents in the neighborhood. He said he is concerned about the portion from the alley to 4th. Mr. Hamilton Eckert an architect said that his clients own the property and they would like to put eight units on it. However, at this point the city Building. Department will only issue a building permit for 5 or 6 units. After more discussion, a motion was made by Councilman Anderson and seconded by Councilwoman Shippen to continue this to July 17th and instruct the attorney to re -draw this ordinance applying the elimination from the Official City Map over to the south 20' of Erben Drive east of the alley to 5th. Motion carried. There being no further business to come before council, the meeting was adjourned at 10:20 P.M. Eleanor Quealey, Deputy r Clerk • July 10, 1973 1 • 1 1 ROLL CALL Harve H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order at 7:30 P-.M. by Mayor Harve Harrison, with all council members present. 11, APPROVAL OF MINUTES, Minutes of the council meeting of July 3, 1973 had been posted, mailed and distributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTCIPATION Councilman .Tusori said that he had been asked by the Senior Citizens to bring before council the possibility of a swimming time being set aside for senior citizens on Monday, Wednesday and Friday between 12:00 noon and 1:30 P.M; at no cost to them. The Mayor said that he could see no objection to this. A motion was made by Councilman Tuson and seconded by Councilwoman Shippen approving this swim schedule for the Senior Citizens. Motion carried. Councilman Gellert reported that SnoCom ended 1972 with $10,261.01 surplus. Edmonds' share of this would be $2,648.20. A question that arose at the board meeting attended by Mr. Gellert was whether that surplus should be returned to the cities or kept in SnoCom. Mike Norman had written a letter setting forth three possible uses for the money. After some discussion, a motion was made by Councilman Nelson and seconded by Councilman Tuson to instruct the Board Members from the City of Edmonds to vote in our behald to give the money back to the cities. Motion carried. Mayor Harrison said that he had been looking at the Yost Park Pool Schedule and he said he -thought it would be in order to re -consider the p.r,oposed Senior Citizen Schedule and make it 12:00 noon .to 2:30, since it crosses a class schedule. This would give them an extra hour of flexibility. Councilman Tuson then made another motion to change the hours from 12:00 to 2:30 P.M. Monday through Friday. Councilwoman Shippen seconded. The motion was voted upon and carried. Mayor Harrison read a letter he had received from Stevens Hospital, signed by Jon D. Smiley, Administrator, with regard to establishing a heliport at Stevens Hospital for emergencies only. Councilman And commented that at the present time he would estimate that this service would be needed perhaps five or six times a year. It was determined that this is an RML Zone and this type of use is not permitted in an RML Zone. Councilwoman Shippen moved, seconded by Councilman Gellert to send the request to the Planning Commission for their consideration. Motion carried. Mayor Harrison reported that he had an application from.Angelo's Bella Casa Restaurant to the State Liquor Board for a Class H License instead of a CD, which they hold now. Police Chief Marlo Foster has recommended approval on the applicant and the location for the requested change. A motion was made by Councilman Tuson and seconded by Councilman'Gellert to give approval to this request. The motion carried, with Councilman Winters abstaining since he owns u