19740115 City Council Minutes75
it could become a ballot issue in all the communities that are a part of
the proposed consolidation area. A motion was made by Councilman Nelson and
seconded by Councilman Nordquist to table this matter: Following a roll call
vote, the motion carried with council members Welling, Gellert and Anderson,
voting against. Attorney Wallace reminded council that it takes a majority, plus
one for a motion to lay on the table. It was determined, however, that the
council had never adopted formal rules of procedure, so the motion would stand
as voted upon. Councilman Gellert moved, seconded by Councilman Anderson that
adoption rules of procedure .for the council be placed on the January 22nd
agenda. Carried unanimously.
APPOINTMENTS TO LIBRARY BOARD
Mayor Harrison asked for council confirmation for Charles Maki and Yoshiaki
Sako to the Library Board. Mr. Maki will fill Position 41 which was vacated
by Kenneth Welling. Councilman Nordquist moved,seconded by Councilman Nelson
confirming appointment of Charles Maki to Position #1 on the Library Board.
Motion carried with Councilwoman Shippen abstaining. Councilman Nordquist then
moved, seconded by Councilman.Nelson to confirm the appointment of Mr. Sako to
the Number 3 position on the Library Board. Motion carried with Councilwoman
Shippen abstaining.
APPOINTMENT TO AMENITIES DESIGN BOARD
Mayor Harrison stated that he had contacted Mr. Mike Rizzuto, who is a developer
in the area and a long time Edmonds resident. He has also been recommended
by Sam Saindon and Harry Whitcutt. The Mayor asked for council confirmation.
• A motion was made by Councilman Nordquist and seconded by Councilman Nelson
to confirm appointment of Mike Rizzuto to the Amenities Design Board. Carried.
APPOINTMENT TO SENIOR CITIZEN CENTER BUILDING COMMITTEE
M.A.A. Ron Whaley noted that the late Donald Tuson was a member -of the above -
mentioned committee and he asked if someone would volunteer to replace Mr.. Tuson
on this committee. Councilwoman Shippen said that she would attend the meetings.
There being no further business to come.before council, the meeting was adjourned
at 9:10 P.M. The Mayor and council then went into a scheduled executive session
to discuss 1974.Salary Ordinance.
Eleanor Quealey, Deputy Ci lerk
January 15, 1974
ROLL CALL
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Harve H. Harrison, Mayor
Regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by
Mayor Harve Harrison. Council members Welling, Shippen, Nordquist and Winters
were present. Councilman Nelson arrived at 8:25, and Councilmen Gellert and.
Anderson had noted at the last meeting that they would be absent tonight.
APPROVAL OF MINUTES
Minutes of the January 8 work meeting had been posted, mailed and distributed,• and
with no omissions nor corrections, they were approved as written.
OATH OF OFFICE - COUNCILMAN WELLING
Judge'William Atwell administered the oath of office to Councilman Kenneth 0.
Welling. .
COUNCIL PARTICIPATION
Councilman Nordquist asked for a few minutes of council time to make an award. -He
noted that it was often difficult to get a quorum -when the Disability Board met,
and tonight was no exception, so he would like to,present to Councilman Jack Winters,
on behalf of the Disability Board, an award of appreciation for his active partici-
pation during a two year period on the board, term ending December 31, 1973.. This
award was signed by the Mayor and Chairman of the Disability Board.
Mayor Harrison noted that the.term of Jack -McClellan on the Board of Appeals has
expired, and he is not a resident of the city anymore., The Mayor reminded counc11
that the Board of Appeals interprets the Building Code, and an architect is included
as a member. He then suggested the appointment of Wade James to replace Mr.
McClellan for Position 2 for a 4 year period. It was moved by Councilman Winters
to confirm the Mayor's appointment, but this motion died for lack of a second.
Mayor Harrison stated that four months out -of the year there are five Tuesdays, and
it has been suggested by M.A.A. Ron Whaley, with the Mayor's concurrence, that this
fifth Tuesday be reserved for council and staff"to discuss things -like priorities,
long range policies, working relationships, etc. He then asked for council's
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opinion. Councilman Nordquist moved, seconded by Councilman Welling that the fifth
Tuesday of the month be reserved as a workshop meeting of the type heretofore
mentioned, and the motion carried.
Mayor'Harrison then asked a favor of the news media -.to publicize the fact that
the cities in South County have the 911 number for emergency services. This covers
fire, police, aid car, animal -control, street hazards, and water watch. He said
that he receives calls at all hours, probably because people aren't aware of the
911 emergency number.
The Mayor then read a memo from the Purchasing•Agent and City Planner, with recom-
mendations in regard to the office furnishings, andasking for council action.
Councilman Nordquist noted that he would abstain from voting on this item, and
the remaining three council members would not constitute a quorum.
Councilman Nordquist advised that'agenda item #8 also be postponed to the -end of
tonight's.meeting, when Councilman. Nelson would probably be present, since
Councilman Nordquist would also abstain from voting on this because of business
dealings with Everett Trust & Savings.
AUDIENCE PARTICIPATION
William Gear, 633 Walnut, advised council that he had a petition signed by 43
homeowners in the area bordered.by Walnut Street west of 7th and east of 6th,
who were suffering from water problems caused by the city's storm water system,
and they were asking for action by the city for relief from this water accumulation.
Mayor Harrison referred the question to City Engineer Leif Larson, who explained
that this was a problem due to.lines plugging up with debris over the years and
new storm sewer to remedy this would be necessary. Most of the problem is in these
low areas. Mr: Gear requested some action be taken on the petition. He noted that
as an engineer, he was at a loss to suggest.any solution, but as a homeowner, he
was frustrated with the problem. Engineer Larson advised council that he would
make an evaluation of the storm sewer there and report back to council. Helen
Lambe, 624 Alder, also stated that she had a veritable lake in her yard and water
overflow. A motion was made by Councilman Nordquist, seconded by Councilwoman
Shippen to accept the petition and instruct the City Engineer to report back to
council on this problem by'January 20. Motion carried.
Mrs. Cunningham,Grandview Street, again brought to council attention the noise
problem at her home. This noise originates from the compressor system at the
neighborhood convenience store. Jim Mueller stated that he had taken a noise meter
and found that the decibel level was 42, and the Code allows a 40 level. Mrs:
Cunningham told council that she had spentd$1050 to date on court proceedings, etc.
but the court did not rule on the noise violations. She asked if council could
have the city executive officers do something about this noise factor. Jim
Mueller explained the decibel scale and advised that a reading of•42 is 52% over the
40 level reading. He then showed council the noise meter he used, and demonstrated
it, noting that the City Engineer could perform this -duty rather than the city
having to hire someone. If the City Engineer cannot, Mr. Mueller said he would be
glad to offer his.services. He went on to state that the Code allows 40 decibels
between 11:30 P.M. and 6:00 A.M., and allows up to 60 decibels at other times.
Councilman Winters suggested the compressor equipment at the store could be re-
located, and Mrs. Cunningham said she felt all this should have been wholly con-
tained in the building. In regard to the AB, and C scale on the noise meter,
Joe Wallis asked Jim Mueller to comment on this as it would apply to our code.
The answer was that the city would have to specify A, B. or C level for the
decibel reading, and this would need further study. .Councilman Welling said there
was need to go over this area of the code and specify the levels of decibels and the
scale to be used: There was a great deal of discussion on the problem of noise
levels, the code, and who would enforce it, and'how to get relief for the
Cunninghams. City Attorney Wallace advised council that .in December of. 1972, the
Board of Adjustment found that the owners of the store were in compliance with the
code.- There followed discussion on the location from which the noise level was
taken, behind the fence on the Cunningham property. City Attorney Wallace then
advised council that there was no way for this matter to be brought before council -
for a hearing, and that state law sets the process. Mr. Cunningham spoke on the
situation up to.this .point.and stated they were not going to stop, but would con-
tinue to pursue.the problem. Building.Official Whitcutt said he would ask for
the hiring of an expert to.take the noise level. Jim'Mueller said this was not
necessary, and could be done by the Engineer, or'he himself would offer to do it.
Council members were in agreement that something should be done to resolve this
problem. Harry Whitcutt requested council consider study of the existing ordinances
and review and restudy that area of the Code. Ward Phillips.stated that if a
property owner believes there is violation of an ordinace, the City should find
out and then enforce the ordinance to protect the citizen. It was thought that
the store in question could now be in violation and the City Building Department
would investigate following registration of a complaint with that department.
Mayor Harrison said the city would accept the offer of -Jim Mueller to make the
noise level readings and submit these with the Cunningham's complaint to the
Building Department.
Richard Myhre, 18920„Soundview Place, told council that in the Edmonds City Code
under 12.14.020, paragraph G. food and beverages, it states requirements for off
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street parking places. He said that the Sail In Tavern should have 10 off-street
spaces for its requirements, and does not. He found no requestfor a variance and
no parking plan submitted and it appears the zoning code conditions were not met.
Mr. Myhre said the loading zone area was being used for parking purposes. Building
Official Harry Wbitcutt answered that the plan for rebuilding of the tavern is on
file in•his department and contains the parking plan and when the permit was .
granted, the parking requirements had been reviewed by the Planning Dept. Mr. Myhre
was invited to go to the Building Department to view these plans. Mr. Jim Mueller
asked if the Planning Department had the policy of making variances within the code,
because there are only 7 parking stalls at the tavern where 10 are required accord-
ing to code. Mr. Myhre advised council that if the building has insufficient
spaces according to -code, and no variance, there -is a problem. The Building Dept.
will furnish the plans for perusal.
Jim Mueller, 209 Casper, brought to council attention the Harbor Building at Second
and Main. He noted that the plans show a 35 ft. height with a flat roof, but the
building exceeds this height and therefore does not confoam to the City of Edmonds
building ordinances. Mr. Mueller stated that he felt there should be a very .
definite adherence to the.Code required by the City, and that this was not being
done. He noted the amount of time and money spent by citizens fighting problems
which would not be necessary if the Code was adhered to; that the laws of the city
must be enforced without any deviations. City Planner Joe Wallis explained that
proper interpretation is needed, especially when the sidewalk position is•not
specified in the Code.for measuring height. There was discussion on this, and
Councilman Welling stated that it was the purpose of the City to apply the Code
and interpret to the minimum, not maximum. Mr. Ted Chittenden, 19222 Olympic View
Drive, spoke about the roof structures on this building at Second and Main. Ward
Phillips spoke against mechanical equipment on a roof and how can the City interpret
this as being allowable; that it was in direct violation.of the ordinances of the
city.. He felt the Code should eliminate the words of exceptions on buildings in
regard to -height limitation, and he referred to the need.for.an Amenities. Design
Board to control the aesthetics of the City of•Edmonds. Mr. Mueller said if the
Harbor Building is in violation of the City Code, steps should be taken to stop it
immediately. Capt. Shields brought to everyone's attention thatthere had been
court rulings that elevator shafts and other roof appendages, for example, were
incidental to the building.. He was against spending taxpayer money to fight this
problem in court, as most certainly would happen. William Gear, 633 Walnut, told
council he felt if this building was in violation as to height, something should,
be done about it. Jim -Mueller added that if it is invalid, it should be stopped,
and he would rather see a court lawsuit fought than have the violation continue.
Margaret Bernhoft, 8219 Talbot Park Road, suggested that perhaps this problem
should be turned over to a_committee for recommendation. It.was brought out ghat
a proposed definition of the building height will be presented from the staff to
the Planning Commission tomorrow night, and from there it will go to council for
action. Mr. Gear felt the city should not allow this building to continue if it
is in violation, since two weeks would make quite a.difference to the construction.
Ed Robinson,,19815 88th.Ave. W., made.the request that council take positive action
tonight on the Harbor Building at Second and Main and also reconsider the manner in
which the Amenities Design Board will be allowed to handle these situations.
Councilwoman Shippen inquired if it wouldn't be appropriate to strike the phrase
on steeples, antennas, and incidentals from the Code in regard to height limitations.
Attorney Wallace advised this would have -to go before the Planning Commission for
hearing first. City Planner Wallis reminded council that this.will go from staff -
to the Planning Commission tomorrow night for interpretation of mean ground level,
and suggested that those people in the audience who were interested might attend
the Planning Commission meeting with input. Councilman Welling said he felt the
Harbor Building was i*iolation and council should apply for ari injunction to.
place the burden on them to decide if they are liable.. Attorney Wallace agreedthat
this was one method open to the city. Councilman Welling therefore -moved, seconded
by Councilman Nordquist that council authorize'the City Attorney to commence an
injunction action without the use of any stop work.order or application for a
temporary injunction, against the owners or constructors of the Harbor Building
at Second and Main in order to try out and determine the issue of whether or not
they are in violation•of-this type of restriction in zoning. There was no dis-
cussion on the motion, and it carried. Councilman Nordquist said he hoped the
council would meet with the Staff and make some recommendations and see what the
admirdstration woulddrecommend. Councilman Nelson asked that all people who had
spoken on this tonight have their name and address given to the City Clerk so they
can be advised of any court procedure.
At this point, Mayor Harrison declared a 5 minute recess at 10:10 P.M.
SALARY ORDINANCE 1974
M.A.A. Ron Whaley presented the proposed 1974 Salary Ordinance, explaining that
there was a change in concept this year in that the ordinance listed the grades
under both exempt and man -exempt, with the minimum, average, and maximum figures
in the salary range within these grades.
Councilman Nordquist moved, seconded by Councilman Nelson that proposed Ordinance
#1690 be passed, setting the salaries for the City of Edmonds employees for 1974.
Motion carried.
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ANNEXATION ORDINACE - EVERETT TRUST & SAVINGS & VICINITY
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The City Clerk had received notice from the Snohomish County Boundary.Review Board
waiving jurisdiction on the proposed annexation. It was.moved by Councilman
Nelson, seconded by Councilman Welling that proposed Ordinance #1691 be passed,
annexing this area to the City of Edmonds, and the motion carried. Councilman
Nordquist abstained from voting because of business dealings with Everett Trust &
Savings Bank.
PREPAYMENT ORDINANCE - LID 191
Attorney Wallace presented the prepayment ordinance for LID 191, and it was moved
by Councilman Nordquist, seconded by Councilman Nelson that proposed Ordinance
41692 be passed, stating the expiration of the prepayment period for LID 191.
Motion carried.
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PROPOSED RESOLUTION FOR SECONDARY SEWAGE TREATMENT
City Engineer Leif Larson presented to council a memo and attached proposed reso-
lution to plan for the City of Edmonds' upgrading its sewage treatment fa cilities
pursuant to the federal Water Pollution Control Act as amended under Public Law
92-500. Engineer Larson explained that this would be required by law on a schedule
of not later than July 1977, and the resolution had been prepared to reflect a time
schedule. Councilman Nordquist stated that he would vote against this until he
sees the definition of "secondary treatment".
Councilman Welling noted that he had read an article where. Metro was planning to
fight this need for secondary treatment of sewage being deposited into Puget Sound -
waters. He was concerned that if Edmonds commits itself and Metro finds a way out,
would the resolution bind the city to secondary facilities or could Edmonds also
be excused from the requirement. A motion was made by Councilman Nelson, seconded
by Councilwoman Shippen to pass proposed Resolution #291 to plan for.upgrading the
sewage.ireatment facilities. The motion failed to carry with Nelson and Shippen
voting in favor; Welling, Nordquist and Winters against.
There followed discussion on costs to both Edmonds and Mountlake Terrace citizens;
time element for submitting resolution; capital improvements;;and funds available.
Mayor Harrison told Engineer Larson that if a resolution were to be passed, he
would like to make sure that an alternate plan was presented for relocation of the
treatment plant.
Councilman Nelson said he felt the city should either pursue this or join.itith
Metro in a suit against. There followed•further discussion, with the M.A.A.
explaining participating funds and the attitude of cooperation from the Dept. of
Ecology in Olympia.
Councilman Welling then made a motion for reconsideration of the resolution. This
was seconded by Councilman Nelson and a roll call vote showed Welling, Nelson and
Shippen in favor; Nordquist and Winters against. The motion carried with a simple
majority.
A later vote on the resolution was taken, with motion being made_by Councilman
Nelson and seconded by Councilman Welling to pass proposed Resolution #291 to plan
for upgrading the sewage treatment facilities. Roll call showed Welling, Nelson,
Shippen and Nordquist voting in favor; Winters against; and the motion carried.'
REPORT ON BIDS FOR MICROFILMING EQUIPMENT
Police Chief Marlo Foster reported that no bids had been received on the micro-
filming equipment. He stated that -Bell & Howell had offered to supply the equip-
ment to the City of Edmonds for $4,484.50 plus tax, which was the package bid
they gave to the City of!. -,Lynnwood on December 4, 1973. It was staff recommenda-
tion to accept this offer.
A motion was made by Councilman Nordquist, seconded by Councilman Winters to
accept the offer of the bid from Bell & Howell for the microfilming equipment at
the cost of $4,484.50 plus tax. Motion carried.
SET HEARING DATES ON PLANNING COMMISSION RESOLUTIONS
Planning Commission Resolutions #425, recommending an amendment to zoning ordinance
to add to the table of bulk and dimensional requirements regarding sideyard pro-
jections; #426, recommending extension of 86th P1. W.; and #427, 428, and 429,
recommending the three zonings for the newly annexed area were presented to council
for setting of hearing dates. A motion was made by Councilman -Nelson, seconded by
Councilman Nordquist that Planning Commission Resolutions #425, 426, 4279 428, and
429 be set for hearing on February 5. Motion carried.
CLAIMS FOR DAMAGES
A claim for damages from DuWayne Arneson 8320 200th S.W., in the amount of
$45.94 for frozen water pipes in'.the main on the street side of his meter, was
acknowledged by council and referred to the City Clerk for processing.
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MISCELLANEOUS
Councilman Nelson remarked that there seemed to be a trend toward long items being
handled under."audience participation", as tonight when this agenda item went intil
after ten o'clock. He said he felt that audience participation had been created
for short items, and he -hoped that in the future people with lengthy items would
t advise the staff and Mayor and be placed on the regular agenda, or set a time limit
on each topic brought up under "audience participation" for fairness to all con-
cerned. Councilman Nordquist concurred with this -idea of either setting a time
limit on each item, or if it is of any magnitude, it should become an agenda item
and be scheduled as such. Councilwoman Shippen said she was not in favor of limit-
ing under "audience participation" as she found it stimulating, but agreed that
items of magnitude should be given agenda time.
M.A.A. Whaley reported that in regard to the public transportation fund, $3000
was budgeted this year for this, and a head tax or utility tax can be used for
matching funds. In pursuing this, there is a May 1 deadline if the council wishes
to do anything along this line in 1974. The city did not receive money in 1973,
but $5,400 will be received by Edmonds this year for participation via money spent
or labor donated for the mass transportation study.
OFFICE FURNITURE
Fire Chief Cooper reported that the committee discussed the present status of the
office furnishings for the executive area in the Civic Center and recommended that
council.reject the bid of Bank and Office Interiors and return the bid bond:
They also recommended drawing up plans and a description of spaces involved, and
• have each bidder submit a proposal with unit pricing or lump sum pricing, and this
would give the council the option of accepting the lump sum price or unit prices
for any item proposed.
Councilman Nelson moved, seconded by Councilman Winters to reject the bid of Bank
and Office Interiors and return the bid bond; also to authorize a rebid and allow
lump sum or unit prices for any item proposed on a bulk basis as well as a unit
price basis for council and the committee to analyze. Motion carried with Council-
man Nordquist abstaining for business reasons.
There was no further business to come before council, and the meeting adjourned
at 11:40 P.M.
Ire e Varney Mor , City Clerk
January 22, 1974
ROLL CALL
Harve H.-Harrison, Mayor
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 January.15th meeting had been posted, mailed and distributed,
• and with no omissions nor corrections, they were approved as written.
OATH OF OFFICE - COUNCILMEN GELLERT AND ANDERSON
Deputy City Attorney, John Wallace administered the oath of office to Councilman
Max E. Gellert and Councilman Robert A. Anderson.
COUNCIL PARTICIPATION
Councilman Gellert stated that he would like to make a motion with regard to
the Amenities Design Board. He therefore, moved that .the City Attorney be
instructed to draft an amendment to Ordinance #1683 which created the Amenities
Board which would require that any building, structure, improvement or alteration
which requires a building permit, with the exception of those relating to single
family residential dwellings, must be submitted to the Amenities Design Board
for approval as a prerequisite to the issuance of a building permit; and further,
that if the Amenities Design Board does not grant its approval, applicant shall
have the option of modifying his design for resubmittal to the Amenities Design
Board or of appealing.to the City. Council'; and further, that the design criteria
contained in Sections 12:20:010, 12:20:020 and 12:20:080 of Resolution #397
adopted by the Planning Commission be used as interim design criteria by the
Amenities Design Board until such time as the Amenities Design Board proposes,
and the City Council approves, its own design criteria; and further, that this
amendment to Ordnance #1683 be set for public hearing by the City Council at
its regular meeting on February 5, 1974. He said that he feels that there is
some urgency to get the Amenities Design Board functioning immediately and that
is his reason for making the above motion. Councilman Welling asked Attorney
Wallace if there would be any benefit to having approval by the Design Commission
before an application for a Building Permit would be accepted? Attorney Wallace
replied that it is probably better to have the application for the permit. He