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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 } iZ,ca-a,� i 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 • to .7 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 1 • 1 • 1 1 0 • 77 1 1 n LJ • 1 1 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. n ANNEXATION ORDINACE - EVERETT TRUST & SAVINGS & VICINITY • 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. I 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. G 1 n U 1 • L F1 • 79 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