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19740806 City Council Minutes• 16 5- . CLAIMS FOR DAMAGES Claims -for Damages were received and acknowledged from Lloyd'Boreing and Gary Nelson. They.were referred to the City, Clerk for processing. Councilman Gellert said that he had received comments from several citizens about the"siow'handling of.claims, and asked if we .could get a report on the MOTION:. situation. A MOTION WAS THEN MADE BY COUNCILMAN NELSON AND.SECONDED BY COUNCILMAN GELLERT TO INSTRUCT THE ATTORNEY TO LOOK INTO ALL CLAIMS AND GIVE THE COUNCIL A STATUS REPORT. MOTION CARRIED.- Attorney Wallace stated that he would write a letter the Hubbard Insurance Co. and asked them to advise on the matter. There was no further business to come before council, and the meeting adjuourned at 10:15 P.M. IREN VARNEY MORAN, ity Clerk HARVE.H.. HARRISON, Mayor August 6, 1974 ROLL CALL 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. • APPROVAL OF MINUTES Minutes of the meeting of July 30th had been posted, mailed and distributed, and with no imissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Nordquist noted that council members had received a memo from the City Planner requesting that the Shorelines matter be heard earlier on the agenda. MOTION: He, therefore, MAD A MOTION THAT ITEM NO. 14, SHORELINES ENVIRONMENTAL IMPACT STATEMENT, BE HEARD AS -ITEM NO. 8, AND THE REMAINDER OF THE AGENDA ITEMS FOLLOW IN ORDER. COUNCILWOMAN SHIPPEN SECONDED:.THE MOTION WAS VOTED UPON AND CARRIED. Councilman Nordquist asked that the Blue Ribbon Committee Report scheduled for discussion on September loth, remain the only item on the agenda for that evening. Councilwoman Shippen asked about the status of the specific parking locations. Planner Wallis stated that he has not received replies from four persons, and would like to have that before an analysis is made. Mayor Harrison stated that he had an application for liquor license for Soup's On, located in Mill Town. Application was for an AC license, which is beer and wine by the glass served on the premises. Chief Foster had reported that -the applicant has previously been involved in a similar enterprise in Seattle, and MOTION: that they have had no problems. He recommended approval. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO APPROVE THE LIQUOR LICENSE APPLICATION FOR SOUP'S ON. MOTION CARRIED. • HEARING: ON PLANNING COMMISSION RESOLUTION #438 - PROPOSED ORDINANCE TO AMEND COMPREHENSIVE PLAN, ESTABLISHING A COMPREHENSIVE DOWNTOWN PARKING PLAN OR CIRCULATION PLAN. City Planner, Joe Wallis, reported that the council adopted as an amendment to the Comprehensive;,P:lan, the Parking Study that was developed to guide the development of the downtown parking. This was done on April 16, 1974. The said the intent of presenting this parking plan in this manner, is that the plan will be part of the Street -Highway Segment of the Circulation Element of the Comprehensive Policy Plan. Mayor Harrison opened the hearing. Les Hanvey stated that he was concerned that there was no advisory committee input to this parking plan. Mayor Harrison asked Mr. Wallis to brief the audience on the plan, which he did., He explained that we are adopting portions of the plan on an'incremental basis, so that at MOTION: the completion this will be a portion of the total Comprehensive Plan. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANIDERSON TO PASS ORDINANCE #1723, AMENDING THE CITY CODE TO ADD A NEW SECTIONJ(12.04.097) TO ADOPT A COMPREHENSIVE DOWNTOWN PARKING PLAN. MOTION CARRIED. HEARING: ON PLANNING COMMISSION RESOLUTION *447 - RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO ZONING MAP TO REZONE FROM BN TO RMH AT 8503 BOWDO`hN WAY. City Planner, Joe Wallie, stated that this matter had been heard by the Planning Commission approximately one month ago, and the thirty day appeal period has elapsed. He showed slides of -the Comprehensive Plan in the vicinity, the zoning map and 0 16.6 several views of the area. Mr. Wallis stated that the basis for the application • is that the applicant, Mr. Koenkow, purchased the property and building plans at a time when the -property was zoned for apartments, but subsequently this was changed. This, therefore, creates a hardship for the applicant. Paul Nolan, 21912 - 86th Place West, spoke for Mr. Koenkow, who could not be present, and reiterated the above remarks. Councilman Gellert asked Chief Cooper if a change in zoning would have any impact on the fire station. He said that it would not, but'was concerned that the apartment dwellers might be annoyed when the siren goes off. He said that this does not happen very often, and that the only other sounds emanating from the station would be the running of the apparatus and voice commands. Bob Gustayson, in the audience, asked what is permitted in an RMH zone and the MOTION: City Planner andwered. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN WINTERS TO PASS ORDINANCE #1724 CHANGING THE ZONING FROM BN TO RMH AT 8503 BOWDOIN WAY. FOLLOWING A ROLL CALL VOTE, THE MOTION CARRIED, WITH COUNCIL MEMBERS WELLING, SHIPPEN AND NORDQUIST VOTING AGAINST. REVIEW OF THE SHORELINES DRAFT ENVIRONMENTAL IMPACT STATEMENT City Planner, Joe Wallis, reported on this item and stated that he would like direct ion from the city council. He said there are two alternatives; one is to accept the Environmental Impact Statement prepared by the staff, or to draft or provide for an extensive statement, including assessment of economic impact on property values, city revenues, biological impact, water quality impact, etc. The last alternative, he said, is'beyond the capability of the Planning staff, and would require separate funding to employ qualified consultants: This, of course, would entail further delay. He pointed out that in either case the EIS could be challenged. Councilwoman Shippen asked if an economic impact statement is expected. Mr. Wallis replied that in view of the questions that have been raised by Union Oil representatives, that an economic impact statement probably would be expected. Attorney Murphy • stated that a negative statement could be made, merely to'indicate that it has been considered. He said that under the Act, both federal and state, the acting authority is supposed to try to imagine every conceivable adverse condition that might take place, and then deal with it, or decide that it doesn't have to be dealt with in greater depth. Councilman Welling asked the attorney if he thought it was necessary for the city to make an economic assessment as a part of our Environmental Impact Statement. Mr. Murphy answered that he did not firmly believe MOTION: that we have to. Following further discussion, COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST TO APPROVE THE GENERAL SCOPE AND SIZE OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT, WITHOUT SPECIFICALLY APPROVING THE WORDING UNTIL WE HAVE FURTHER INPUT FROM THE PLANNING COMMISSION REGARDING THE DETAILS OF THE DRAFT MASTER PROGRAM. Councilman Nordquist asked the Planner if the council could make comments on various aspects of the statement and forward them to the Planning Staff. Mr. Wallis said yes, and that the suggestions would be incorporated into the final statement. Councilman Nelson asked if the Planning Commission could further consider the impact of the re -designation of the Union Oil property? Attorney Murphy stated that it would be impossible to stop anyone from further considering an environmental impact statement COUNCILMAN NELSON AMENDED THE MOTION TO INSTRUCT THE STAFF TO CONSIDER THE ECONOMIC IMPACT UPON THOSE PIECES OF PROPERTY THAT HAVE USES THAT WILL BE DIFFERENT FROM THE LAND USE ZONING THAT WE PRESENTLY HAVE: AND THE RECOMMENDATION THAT THE STAFF WILL MAKE TO THE COUNCIL IN THE ENVIRONMENTAL IMPACT STATEMENT. During discussion, Planner Wallis commented that he thought it not within the capability of the committee to make an economic study any more than it was within the capability of the staff. It was suggested that a local real estate office or appraiser could give the city an idea of the economic impact on certain pieces of property. Mr. Wallis and Councilman Anderson asked if the Shoreline Adivsory Committee was to be re -convened; however Councilman Nelson that he would accept a report by the staff. THE AMENDMENT (WHICH HAD BEEN SECONDED BY COUNCILMAN • GELLERT) WAS THEN VOTED UPON AND CARRIED, WITH COUNCILWOMAN SHIPPEN VOTING AGAINST. THE MAIN MOTION ALSO CARRIED. APEX GARBAGE.COMPANY - RATE INCREASE REQUEST Mayor Harrison stated that the increase requested is for residential and/or commercial with a raise from $2.80 to $3.00 for 1 and 2 cans; and from $3.70 to $4.00 for 3 cans. Copies of a.letter and depreciation schedule and rate schedule -from Apex had been submitted to the Mayor and council. Mr. John Kalmbach, controller for Apex, reviewed the position of the company. A great deal of discussion followed, with Mr. Kalmbach answering questions. COUNCILMAN NELSON MOVED, SECONDED BY COUNCILMAN GELLERT TO APPROVE THE RATE INCREASE REQUEST BY APEX GARBAGE COMPANY TO $3.00 FOR 1 AND 2 CANS AND $4.00 FOR 3 CANS. THE MOTION WAS VOTED UPON AND CARRIED, WITH COUNCILMAN NORDQUIST VOTING "LINO". SNO-KING AMBULANCE PRESENTATION Bruce Gallagher, attorney representing Sno-King, said that he would like to preface his remarks by stating that their presentation does not in any manner seek to terminate aid car service in the City of Edmonds. He gave the background of the company and stated that the present owners are Mr. and Mrs. Albert Stutzke. He said that they have substantially upgraded the company and have 17 people working for them. Six of these are drivers who are EMT's and six have advanced first aid certificates. The company has three, fully equipped vehicles. Mr. Gallagher stated that the company responds to calls from Fire Districts 41. #117 44 and #7, Mountlake Terrace, Brier, Lynnwood and occasionally to Kenmore, -.67 and numer.ous'.private calls. He said they respond to.the aid calls that comein from Sno-Com. Mr. Gallagher said that the only jurisdiction that they are not actively operating in is the City of�Edmonds. He said they have met all licensing requirements for the City of Edmonds, but have been effectually denied the.opportunity to operate within the city limits. He said this appears to be an encroachment upon the private enterprise system. Mr. Gallagher said that the more vehicles you have responding to a call, the greater the possibility of cutting down the response time. He said also, that in the event that the aid car is on the scene, and another call comes in, the private ambulance company can take over so that the aid car can respond to the second call. Following the conclusion of Mr. Gallagher's remarks, Mayor Harrison asked Mr. Stutzke what the usual ambulance fee is. Mr. Stutzke replied that it is from $50-$60. There was a great deal of discussion. Councilman Gellert asked Mr. Stutzke if.they have a written operating policy with any other .jurisdiction. Mr. Stutzke answered -that they did. Mayor Harrison stated that he would like to see copies of these, and Mr. Stutzke said that he would provide these at the earliest opportunity. Mr. Gallagher stated that they will, submit one of the working agreements that they have with the other jurisdictions for the council's consideration with a request that perhaps they can have the same type of arrangement they have with the City of Lynnwood. PROPOSED ORDINANCE REQUIRING MOTORCYCLES AND MOTOR DRIVEN CYCLES TO HAVE HEAD AND TAIL LAMPS LIGHTED WHEN IN MOTION ON PUBLIC ROADWAYS IN EDMONDS. Police Chief, Marlo Foster, reported that at the last legislative session, there was a law passed that required all motorcycles of motor driven cycles to have head and tail lights on, and this ordinance is for the purpose of being consistent • MOTION: with the state statute. COUNCILMAN NELSON MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE7-41725. MOTION CARRIED,. WITH COUNCILMAN WINTERS VOTING AGAINST. RESOLUTIONS TO AUTHORIZE ACQUISITION OF R/W AND SLOPE EASEMENTS ON 220th AND 196th UAB PROJECTS. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS RESOLUTION #311 APPOINTING REID, MIDDLETON AS THE PROJECT ENGINEER AND AUTHORIZING SAID FIRM TO ACQUIRE R/W AND SLOPE EASEMENTS, SUBJECT TO THE APPROVAL OF THE CITY ENGINEER, PURSUANT TO UAB PROGRAM, 196th S.W. MOTION CARRIED. MOTION:: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS RESOLUTION 4312 APPOINTING REID, MIDDLETON AS THE;,,`PROJECT ENGINEER AND AUTHORIZING SAID FIRM TO ACQUIRE R/W AND SLOPE EASEMENTS, SUBJECT TO THE APPROVAL OF THE CITY ENGINEER, PURSUANT TO UAB PROGRAM, 220th S.-W. ROT.I'ON CARRIED SET FOR HEARING: PLANNING COMMISSION RESOLUTION #449 - RECOMMENDING APPROVAL OF AMENDMENT TO ZONING ORDINANCE REGARDING MINIMUM SETBACK REQUIREMENTS, FILE NO. ZO-12-74. MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN.NORDQUIST TO HEAR PLANNING COMMISSION RESOLUTION*;9449 ON SEPTEMBER 17. MOTION CARRIED. SET FOR HEARING: PLANNING COMMISSION RESOLUTION #439 - RECOMMENDING APPROVAL OF AMENDMENT TO ZONING ORDINANCE REGARDING GENERAL PARKING REQUIREMENTS, FILE NO. ZO-8-74. COUNCILMAN GELLERT MOVED, SECONDED BY'COUNCILMAN NORDQUIST TO HEAR PLANNING COMMISSION RESOLUTION #439 ON SEPTEMBER 17. MOTION CARRIED. • 6-YEAR STREET IMPROVEMENT PROGRAM Assistant City Engineer, Richard Allen, presented the 6-Year Street Program to the Council, which had been submitted in writing to the Mayor and council. He went through it, item by item, and answered questions from council. Following MOTION: discussion, a MOTION WAS MADE BY COUNCILMAN NORDQUIST AND SECONDED BY COUNCILMAN ANDERSON TO PASS RESOLUTION #313, ADOPTING A REVISED COMPREHENSIVE SIX -YEAR STREET CONSTRUCTION PROGRAM TO BE FILED WITH THE DIRECTOR OF HIGHWAYS AND THE URBAN ARTERIAL BOARD. Councilman Nordquist said he would want assurance that overlays would be done only after the water mains were in. Mr. Allen said that this is the plan. Mr. Jim Mueller asked what direction this resolution will give to the State Highway Department. Attorney Murphy explained that this is just a list of,priorities. Following a brief discussion, the MOTION WAS VOTED UPON AND CARRIED WITH COUNCIL MEMBERS WELLING AND SHIPPEN VOTING AGAINST. CLAIMS FOR DAMAGES A Claim for Damages was received and acknowledged from Mr. and Mrs. Roger Thayer. This was referred to the City Clerk for precessing. The meeting was adjourned at 10:55 P.M., as there was no further business to come before council. IRENE:VARNEY MORAN, City Clerk HARVE H. HARRISON, Mayor •