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19740122 City Council Minutes• 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 80 • said that coming in with a preliminary scheme with no commitment that this is what is to be proposed has caused some problems in the past. Mr. Wallace said that what should go before the Amenities Design Board is a concrete proposal from the applicant. It can then be subject to modification until the bodies can reach an agreement on -it. He said that there should be a further instfuction to come up with a time frame within which this must be accomplished by the Design Board and either passed upon or rejected. There -is a 60 day.limit under the Subdivision Code that is imposed on us by the State, whereby we must act upon a Subdivision Application within 60 days and either -accept or reject it. Following some further discussion, the motion was voted upon and passed unanimously. Councilman Nelson passed out a memorandum regarding secondary treatment. It was a memo from Rick Swantz with the State of Washington Department of Ecology. The memorandum indicates that the EPA probably would not take any punitive action against any municipality for not meeting the implementation deadline as long as an effort has been made to adhere to the time schedule. Councilman Nelson said that we should continue along with out plans, and .that he feels that State and Federal funding eventually will be there and we won't be caught short by having to fund the whole project on our own. .Councilman Nelson.stated that he plans to write Congress asking them to amend Public Law 92-500 to make it contingent upon the Federal Government providing funds for all municipalities. Councilman Nordquist inquired if City Engineer, Leif Larson, had contacted Commissioner Forsgren regarding the widths of the roadway on the 220th Project. Mr. Larson said that he had done so. Councilman Nordquist then asked for clarification of the date for receiving proposals on the Mayor's office furniture. Jack Cooper, Purchasing Agent, • answered .that these would be accepted up to January 29th and reported on at the Council Work Meeting that night. Councilman Nordquist stated that he thought the minutes of the City Council Meetings and the Planning Commission Meetings should be taped in their entirety, and that these tapes.be kept on file for a period of two years. He then made a motion that from this point on both the Planning Commission and City Council Meetings be committed to tapes. Councilwoman Shippen seconded. Councilman Gellert asked if the various other Boards and Commissions should also be taped. This was not thought to be an urgent consideration at this time. Councilman Welling suggested that the contents of the tapes be indexed, so that it would not be necessary to scan the complete tape in order to locate a particular item. There was council concurrence on this point. The question was asked if the tapes could be admissible as evidence in a court of law. Attorney Wallace said that they could.be if they were properly certified. The motion was then voted upon and passed unanimously. Councilwoman Shippen said that she thought the $10,000 to update the Municipal Code should be reinstated into the City Attorney's budget for this purpose. She feels that in light of recent happenings it is more critical than it was at the time of the budget discussions. She then made a motion to this effect. Councilman Nelson pointed out that the 1974 Budget had been passed unanimously and that he thought this should be taken up at a later time for discussion. Mrs. Shippen then said she would withdraw her motion and re -state it setting a hearing date. Councilwoman Shippen then moved that consideration of re- instating $10,000 into the City Attorney's budget for•updating the Municipal Code be discussed at the.February 5th council meeting, along with determination of where the funds will come from. Councilman Gellert seconded. Methods for accomplishing this task were discussed at length. Councilman Nelson moved to • amend the main motion to allow the city staff to provide to the council those areas that would be subject to revision and thereby allow the council to judge exactly how much money would be needed, if any, additional to'revise our Code rather than having a blanket $10,000 which has been asked for. Councilman Welling seconded the amendment. The amendment was voted upon and carried with Councilwoman Shippen voting against. The main motion as amended then carried unanimously. Mayor Harrison stated that another member for the Board of Appeals is needed. Jack McLellan's term has expired and he'is no longer a resident of the City of Edmonds. He asked for council confirmation for Wade James to be seated on this Board. A motion was made by Couhcilman Nelson and seconded by Councilman Winters to confirm the appointment of Wade James to the Board of Appeals. Discussion followed regarding Mr. James' building on Main. Street and alleged parking violations, etc. Councilman Nelson stated that based upon some of the facts brought out.in the discussion he would like to postpone.action on his motion to a time certain, namely January 29th.. He then stated this in the form of a motion which was again seconded by Councilman Winters. Motion was voted upon and carried. AUDIENCE PARTICIPATION Jim Mueller reported on noise level readings he had taken on the property line separating the Convenience Store and the Cunningham home. The readings were in excess of the acceptable sound pollution level. Deputy City Attorney, John Wallace stated that he had written a letter to all parties concerned earlier today wherein he says that this issue has been litigated, and the installation • 1 1 1 • 1 1 as it was put in and approved, complies with the code. He.said that only if there is a new violation can proceedings be had on this matter and this would entail some change in that installation, maybe some new equipment, perhaps removal of some of the sound reducing devices that had previously been put on there, etc. Ward Phillips thought a change in circumstances has taken place Arid thought remedial action should be -taken. Following more discussion, a motion was made by Councilman Nelson.to instruct the Building Department to investigate the premises and determine if there has been any change to substantiate the readings by Prof. Mueller and bring those particular inves- tagations to the attention of the,City Attorney so that the council can make an adequate determination and that this report should be ready by next week. Councilman Nordquist seconded the motion. Jane Cunnigham, who was in the audience,, stated that she would ask that no one goon her property without permission from her or Mr. Cunningham and that the noise level readings be taken along the store property line. Harry Whitcutt, Building Official, stated that this would pose a problem since the fence is not on the property line and the code says that you must take readings on the property line, and -therefore they must be taken from.the west side. Mr. Whitcutt asked Mrs. Cunningham if the City did not have perTission•to go onto her property? She replied that she was too angry right now and the answer is no; and that he will have to go on the store owner's property,. Jim Mueller suggested that if further measurements are to be made, that they be made in other areas other than ground level at the property -line. 'There was further discussion,.and during that time Mr. Cunningham said that if Mr. Whitcutt and an expert in testing for noise pollution were to come to his door and ask for permission to take readings on his property he would grant that permission. Councilwoman Shippen then amended the motion to authorize the Building Inspector to retain an acoustical engineer and that the report come from a qualified testing laboratory. Councilman Nordquist seconded the amendment, which was voted upon and carried. The main motion as amended also carried. Mr. William Gear presented the City Clerk with petitions signed by•owners of property suffering from storm water problems in vicinity of Walnut, west of 7th and east of 6th. The City Engineer is to report on this matter on the 29th of January. Mr. Ed Robinson mentioned that at the last council meeting it was determined that the City Attorney was to file an injunction on the Harbor Building and he asked if he could have a report on the matter as of today. Attorney Wallace stated that he has requested that there be an executive session so that he may report the results of his research and his analysis of the problems that arise under such a lawsuit to the council prior to instituting the action. There was a brief discussion on the measurements taken of the building height. Jim Mueller suggested a possible moratorium of 30 to 60 days for the acceptance of applications for building permits until this matter is resolved. Attorney Wallace said there is precedent for such action. Pat Crawford, 15824 - 75th Place West, said that Laebugten Wharf is virtually in his front yard and that he is concerned with what will happen with regard to this project and was pleased that the council is considering moving swiftly to establish the Amenities Design Board criteria. He also favored a moratorium for issuance of building permits. There was some discussion regarding Laebugten Wharf. It was pointed out that they have their Shorelines Permit, but have not yet applied for their building permit. Councilman Welling made a motion seconded by Councilwoman Shippen that the City'of Edmonds adopt a resolution declaring a moratorium on accepting for filing any building permits in the City of Edmonds except those applied for in single-family residential areas.for a period starting instantly and terminating March 1, 1974, or upon the effective date of the .proposed Amenities Design Board Ordinance Amendment, whichever first occurs. Harry Sherman asked if this meant remodeling alsa, and that he was concerned with the work being done at -Senior Center. Ward Phillips spoke in favor of a moratorium. Warren Murphy, 22919 - 100th West asked what happens to the builder that has made application and is almost ready to proceed. 'Attorney Wallace said that his rights relate back to the date of application, and that the items of the codes of Edmonds that must be met are fixed as of that date under State Law. Deputy City Attorney, John Wallace, stated that if the council should pass the moratorium, it is necessary that they find that an emergency does exist, and that the public health and general welfare will be affected if such a moratorium is not declared. This would also include. the loss of amenities that presently exist and that the town as a whole could suffer irreparable damage if such a moratorium were not declared. It is necessary, Mr. Wallace said, to make that type of a finding upon which to base &'.moratorium. Margaret Bernhoft also spoke on this -issue. Councilman Gellert then amended the motion to exclude from Councilman Welling's motion -any interior remodeling of a building which does not affect the exterior appearance of the building or the site. Engineer Larson said that he hopes this does not affect the bulkhead at the Senior Center. He said we have taken bids on it. Dewey Leyda wondered'if the work planned on his building would be.delayed. Following more discussion, the amendment, which had beenseconded by Councilwoman Shippen, was voted upon and passed. The motion as amended also carried, with Councilman Winters voting no, as he had made a motion, which died for 0 82 • lack of a second, wherein he asked to exclude permits for non-structural work. CORRESPONDENCE The Deputy City Clerk, Eleanor•Quealey, read a letter which had been received from Kelleher, Murphy & Nelson, attorneys, representing Harbor Construction Co. and Douglas Hager owners of the building being constructed at-2nd and Main. The letter asked for permission to speak at the January 29th council meeting. SELECTION OF MAYOR PRO-TEM FOR 1974 Councilman Nelson nominated Councilman Nordquist to act as Mayor Pro-tem for 1974. Councilwoman Shippen seconded the nomination. Councilman Gellert moved, seconded by Councilman Winters that nominations be closed, which resulted in a unanimous vote for Councilman Nordquist to be named Mayor Pro-tem for 1974. PRELIMINARY PLAT - BODINE'S ADDITION - (8 LOTS, 6TH AVE. S. & PARADISE LANE) City Planner, E. Joseph Wallis, reported on this matter. He projected slides on the screen showing maps and photos of the plat. Mr. Wallis recommended approval with Engineering and Fire Department requirements. Following discussion, a motion was made by Councilman Gellert that the proposed subdivision be approved subject to engineering and planning restrictions. This was seconded by Councilman Nordquist, voted upon and carried. Councilman Gellert then made a motion seconded by Councilman Anderson that the RMH area be submitted to the Planning Commission for review; and that the area north also be reviewed. The motion was voted upon and carried. Mr. Don Levine, who owns a portion of land in this area in -the RMH zone expressed concern about the possible • re -zone of his property. This was discussed between council and staff at length and Mr. Wallis said that he would be happy to keep Mr. Levine apprised of events as they take place with regard to this property. AUTHORIZATION FOR SENIOR CITIZENS. INC. TO CONSTRUCT FACILITIES Harry Sherman, a member of the Board of the Senior Citizens Center, presented plans for construction of some new facilities at the Center and asked for authorization to do so. The plans were placed on the cork board and M.A.A. Ron Whaley explained what they intended to do. He said the plans are paid for, and have commitments for materials, labor, etc. to do the work. Councilman Nelson moved, seconded by Councilman Nordquist to authorize construction of the Senior Citizens Center facility contingent upon reuiew.of the Building Department. Motion carried. MUNICIPAL LEASE BETWEEN UNION OIL COMPANY AND CITY FOR UNION OIL BEACH Mayor Harrison stated that this lease concerns a modification wherein the area leased to the City will be reduced by six feet adjacent to the dock on the southerly side of the Union Oil property. A motion was made by Councilman Gellert and seconded by Councilman Winters to approve the lease. Motion carried. PROPOSED ADOPTION OF COUNCIL RULES OF ORDER Councilman Gellert noted a word change on page 3, 48, the word after precedence should be are. A motion was made by Councilman Anderson and seconded by Council -man Nordquist to adopt the proposed Rules of Order. Motion carried. -,Councilman Welling then made a motion seconded by Councilman Nelson to add on page 5, line 8, after • the word agenda, without suspending the rules. Carried. Councilman Anderson moved seconded by Councilman Nordquist to amend the Rules to strike the phrase on page 4 (13) end of paragraph which says,,and may second a motion. Carried. Councilman Anderson moved, seconded by Councilman Gellert to strike the words "at the same time" on line 8, page 7 of the Rules. Carried. Councilman Gellert called attention to a small misprint on page 8, and this was noted by the attorney. APPOINTMENT OF BLUE RIBBON COMMITTEE TO STUDY ITEMS DECIDED UPON JANUARY 8 The following names were submitted for the Blue Ribbons Committee: Councilman Nordquist named Al Kincaid; Councilman Gellert named Oren Christianson and Mrs. Jim Haines; Councilwoman Shippen named Jean Streinz and Maybelle Chapman; Councilman Welling -named Jim Mueller and Grant Riley; Councilman Winters named Dr. Wayne Hall and Ward Phillips and Councilman Nelson named Dr. Bob Sarvis and Cliff Cameron. Mayor Harrison had some printed material which he will offer to the committee for their study. A motion was made by Councilman Gellert and seconded by Councilwoman Shippen that the Blue Ribbon Committeeselect their own chairman. Motion carried. A time frame in which to accomplish the study was discussed. Councilman Nelson said that he would think in terms of one year. AUTHORIZATION FOR MAYOR TO EXECUTE GOVERNOR'S DEED - (BRANT PROPERTY) City Engineer, Leif Larson, reviewed this matter for council and recommended that the deed be executed. The property :had originally been acquired from the Brandts and'Elkins for the widening of SR 104. Due to a realignment, however, the property is now excess to the needs of the Highway Department. A motion was made by Councilman Anderson and seconded by Councilman Nordquist 0 to authorize the Mayor to sign the Governor's Deed. Motion carried. M 1 1 AUTHORIZATION TO CALL FOR BIDS ON VEHICLES Herb Gilbo, Director of Maintenance and Operations, presented printed matter to the council describing proposed purchases for Equipment Rental and surplus units to be sold. After some discussion regarding sub -compacts, etc. a motion was made by Councilman Nordquist and seconded by Councilman Anderson to. authorize the,_purchase of three vehicles on the State Bid to be painted Edmonds Blue. Motion carried. --A motion was made by Councilman Nordquist and seconded by Councilman Anderson to authorize the advertising for bids for a 1 ton flatbed dump truck replacement for Unit #8 and to advertise on January 30 and February 6th. Motion carried. Councilman Nordquist made a motion seconded by Councilman Anderson to authorize sale of surplus vehicles-. Motion carried. There being no further business to come before council,, the meeting adjourned at 11:10 P.M. Eleanor Quealey Deputy r Clerk Harve H.' Harrison, Mayor/ January 29, 1974 ROLL CALL • The regular work meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all council members present except Gellert, Winters, and Nordquist, Councilman Nordquist had notified the City Clerk that he would be late, and he arrived at 9:15. APPROVAL OF MINUTES Minutes of the council meeting of January 22 had been posted, mailed and distributed, and with no omissions nor corrections, they were approved .as written. BICYCLE TRAIL REPORT City Engineer Leif Larson reported on the bicycle trail standards. Each council member was given a,revised Bicycle Path Study which included purposes, goals and definitions; a trail plan with policies for planning,, locations, systems and design, as well as coordination, feasibility, criteria for evaluation, and drawings showing standards.- Engineer Larson stated that the trail plan and locations were -as' -pertains to Edmonds, and the coordination with surrounding areas was taken into consideration. He said the drawings showed routes passed by council, along with proposed future routes. The standards included 6 categories: unimproved roadway, -roadway with storm sewer, improved roadway sidewalk both sides, improved roadway sidewalk one side, natural trail in parks, and a typical section. The City Engineer rioted that this would all require continued study, particularly in the vicinity of crossing of the arterials. Rod Garretson, Recreation Director; told council that the Park Board basically was in favor of the plans as presented, except felt an 8 ft. width would be more desirable than the 5 ft. The Park Board also chose to retain a path on 220th, and are still considering additional routes. • Following some discussion, a motion was made by Councilman,Nelson, seconded by Councilman Anderson to instruct the City Attorney to draft a resolution to amend the comprehensive trail system in Resolution 260 by adding the proposed future routes as presented under Table II. The motion carried. Table II included: Admiral Way - south from Dayton Beach Rest Stop to Union Oil Beach; Dayton Street to Yost Park - east on Dayton from Third Ave. S.,I'south on 6th Ave. to Maple, east on Maple from 6th Ave. to Yost Park; Yost Park to Maplewood School - from Yost Park east on Main Street to Maplewood, north on Maplewood to 200th Street W.,.east on 200th Street S.W. to Maplewood School and/or to 84th Ave. bike routes; Seaview Park to Sierra Park - south on 81stAve. W. to Sierra Park,. also, west on 190th St. S.W. to Seaview'School; Seaview Park to County Park - from Seaview Park east on 184th S.W. to 80th Ave. W., north on 80th W. to 180th S.W., east on 180th S.W. to Olympic View Drive and/or County Park; Talbot Road - north on Talbot Road from Olympic View Drive to 171st S.W., east on 171st S.W. to 76th Ave. W.; Meadowdale Beach Road - east from 76th W. to Olympic View Drive and City of Lynnwood ; 76th Avenue Extension - extend 76th Ave. W. from Laebugten Wharf to County Park at Lunds Gulch. It was further moved by Councilman Anderson, seconded by Councilwoman Shippen to instruct the Attorney to prepare a resolution for adoption of the bicycle path standards as contained in .the City Engineer's presentation of specifications. The motion carried. REPORT ON HORSES IN PUBLIC PARKS Director Rod Garretson reported on the policy followed by the City regulating horses 0