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19740212 City Council Minutes91 R/W USE PERMIT FOR SOMERSET Assistant City Engineer, Richard Allen, stated that the developer of the plat has made an application for a sign that would read "Somerset" (announcing the plat) and landscaping. This area is within the right-of-way, however the existing paving is to the east side of the right-of-way, which leaves a large area that would not be maintained. He said they see no -problem in issuing a street use permit as it is a temporary permit,•and if any of the street improvements were done this work would have to be re -located. There is a homeowners association in this locality that can arrange for the maintenance of this area. Councilman, Gellert moved, seconded by Councilman Nordquist.to refer this matter to the Amenities Design Board. The motion carried following a roll call vote, with Councilman Anderson and Winters voting against. hNiTER3M REPORT, BY BUILDSNG iDEPT. ON. NQ1T,$ PROBLEM +&_ PARKING REQUI�R3EMEFJT� FOR 5`AIL SIN Building -Official, Harry-Whitcutt 9:reported that.the:Sail-In Tavern is ins violation with regard to .their parking requirements. Toeeowners have been -asked -to submit a revised site plan to the Building Department for-their.review prior to. February 10. With regard to the noise problem at the convenience store,, the city has hired a noise consultant -and he has begun.tests. A. -report -will be forthcoming within the next week or ten days. Mr. Whitcutt reported further that the Building Department will be bringing this matter to the Planning Commission this month" for cons idtrat• on of rev191 ons to our .erdi°nance with regard to noi;s-e; -and the separation between RS . and. B-'N property. With regard to the parking requirements for the Sail -In Tavern, Mr. Whitcutt stated that the parking should consist of 11 stalls. The permit was issued with a parking. requirement of 9 stalls. He said the city was in error on the number of stalls required. The city had omitted the requirement for a stall for the residents on the same property; and also did not require the 10 stalls for the size of the building. Deputy City Attorney, John -Wallace said that the procedure now is to advise the owner that he is deficient, and the city can require conformance. AUTHORIZATION FOR CALL FOR BIDS ON OFFICE FURNITURE Jack F. Cooper', Purchasing Agent, passed out material to the council members with suggested dates for advertising and bid opening for the Mayor's office furniture. Included was,a description of the intended use of the spaces in the administrative suite, which was provided as an aid in the submittal of furnishing proposals. No action was taken. PROPOSED RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE A motion was made by Councilman Nelson and seconded by Councilman Nordquist to pass Resolution #292 adopting rules of procedure for conduct of council meetings., Motion carried. PROPOSED RESOLUTION AMENDING COMPREHENSIVE TRAIL SYSTEM A motion was made by Councilwoman Shippen and seconded by Councilman Nordquist to pass Resolution 4293, amending Resolution No. 260, passed on May 2., 1972, establishing additional bicycle routes. Motion carried, Routes were discussed. PROPOSED RESOLUTION ADOPTING BICYCLE PATH STANDARDS A motion was made by -Councilman Nelson and seconded by Councilman Nordquist to pass Resolution 4294, adopting bicycle path standards as guidelines for future construction of said pathways within the City of Edmonds."Motion carried. CLAIMS FOR DAMAGES Council acknowledged receipt of'a Claim for Damages from Mrs. Stanton McLaughlin in the amount of $23.74, and referred this to the City Clerk for processing. . There being no further business to come before council, the meeting was adjourned at 11:15 P.M. fja_,O'_� aLz�', Eleanor Queale Deputy ity Clerk I , February 12, 1974 ROLL CALL ,_,WV 0& A.���' Ha ve H. Harrison, Mayor Regular work meeting of the Edmonds City Council was called to order at 7:30 P.M. l T. A 92 by Mayor Pro tem John Nordquist, in the absence of Mayor Harrison, who was ill. All council members were present except Nelson, who had advised that he would be unable to attend. Mayor Pro tem Nordquist introduced himself to the audience, and followed by also introducing members of the council; the City Clerk, Irene Varney Moran; City Attorney, John Wallace; and city staff members in the audience --Herb Gilbo, Director of Public Works; Leif Larson, City Engineer; Joe Wallis, City Planner;, Harry Whitcutt, Building Official; Marlo Foster, -Police Chief; and Allen Tuttle, Finance Director. Councilman Gellert at this point made the request that "council participation" be an agenda item on council work meeting agendas. APPROVAL OF MINUTES Minutes of the meeting of February 5 had been posted, mailed and distributed, and with no omissions nor corrections, they were approved as written. CORRESPONDENCE Mayor Pro tem Nordquist read a letter to Mayor and Council from Peggy Harris, congratulating them on their good judgment in the appointment of an Amenities Design Board. She noted that the members were wisely chosen and the Board is much needed, and thanked them for this step forward for Edmonds. Mayor Pro tem Nordquist.then advised council that the last item on tonight's agenda would be an executive session in the Mayor's office. PRESENTATION ? Mr. Bill Monlux spoke to council about the ninth annual Regional Ballet Festival, a performing ballet group which enjoys an international reputation. It is made up of young people from all over the United States; has classes annually where they perform before their group; and a•chosen few then put on a performance. Mr. Monlux said that in April of this year., 28 companies up and down the west coast will perform here. He stated that he, as a father of one of the members, was helping out by advising�of their need for funding. They were now turning to the communities for support, and that was the reason for his presentation to the Edmonds City Council tonight. Mayor Pro tem Nordquist thanked Mr. Monlux for his presentation. He then announced that next Thursday night would be the first meeting of the Blue Ribbon Committee at 7:30 P.M., and council members were invited to attend. RELIEF FOR PAUL ROY FROM BUILDING MORATORIUM Paul Roy, 844 Edmonds Street, asked council for relief from the building mora- torium for financial as well as frustrating problems. He stated he represented Don Martin of Anchor Boats, where he planned to construct.a building like the one already,there for boat repairs. He noted that Mr. Martin needed winter con- struction bec'aulse when the weather improves, there would be no need for indoor re:paIr area. Mr. Roy showed council copies of the building plans. He added that Mr;Martin was losing money in not having ample space indoors to repair boats, and the need was for haste rather than having to wait to go before the Amenities Design Board and delay this for at least another month. There followed -discussion on structure and building materials. Councilman•Welling said he was concerned with an emergency situation here, and whether it was, or merely a frustration to Mr. Roy. Paul Roy admitted that it was more frustrating than financial to him personally, but that it was a financial concern to the owner of Anchor Boats, who was in the audience and who assured council that he was losing approximately $14,000 per month because of financing of the proposed building and because of,not enough covered area under which to repair boats in winter weather. Following some further discussion, a motion was made by Councilman Anderson, seconded by Councilman Winters that an exception be granted to Paul Roy from the building moratorium for the building at Anchor.Boats, and he be allowed to apply for a building permit with plans as presented. Motion carried. 1974 EQUIPMENT RENTAL RATES Director of M. & 0., Public Works, Herb Gilbo presented the 1974 equipment rental rates for acceptance by council. He advised that this is a routine matter, re- quired by ordinance. Copies of the rates:had been distributed to council, and Director Gilbo explained these rates for clarification of council members and answered questions pertaining to overages and/or deficiencies, and how this was arrived at and handled. A motion was made by Councilman Gellert, seconded by Councilman Anderson that the 1974 equipment rental rates be accepted and approved. Motion carried. SET DATE FOR HEARING ON SUBDIVISION ORDINANCE As suggested, it was moved by Councilman Gellert, seconded by Councilman Anderson • that March 19 be set as the date for hearing on passage of the proposed Sub- division Ordinance, and the motion carried. APPLICATION TO STATE UTILITIES & TRANSPORTATION COMMISSION FOR REDUCTION OF TRAIN SPEED LIMIT Council had previously some months ago moved to set a train speed limit of 25 miles per hour within the city limits of Edmonds. Authorization was now being asked to apply to the Utilities & Transportation Commission, and a motion was therefore made by Councilman Gellert, seconded by Councilman Winters that the Mayor be authorized to apply to the State Utilities & Transportation Commission for a reduction'of the train speed limit to 25 miles per hour as stated in a prior ordinance. Motion carried. WRITTEN PROPOSAL FROM HARBOR CONSTRUCTION COMPANY City Attorney John Wallace explained to council that pursuant to.his request at the council meeting last Tuesday, the proposal of Harbor Construction Company regarding submitting of proposed construction projects, as well as an informal submission of the questions of the building at Second and Main, to the Amenities Design Board for review, had been reduced to writing. The proposal in the letter listed three points: (1) that Harbor Construction and its client, Laebugten Wharf, will submit its proposed construction to the jurisdiction of the Amenities Design Board for its consideration, but not to preclude the normal appeal from that BoarO to the council, as set forth in the ordinance; (2) Harbor Co. would meet with all principals involved.in an ADB • informal review of the problems raised concerning the various questions of the Harbor Building -at Second and Main; and (3) As orally outlined at the previous council meeting, it was indicated that the proposed Alaska Northwest building would be submitted to the ADB, but Mr. -Bob Henning, the owner of Alaska Pub- lishing, is on -a trip and cannot-beecontacted in regard to -this. The letter stated that they could informally review this with the ADB, and come•.up with some proposals that they feel will be agreeable to him on his return; but Mr. Kelleher, attorney for Harbor Construction, who was in the audience,;stated that he could not bind them to this. He did feel that there was no reason to doubt that Mr. Henning would agree, but he'nevertheless did not have authority to put this in writing to commit Mr. Henning. Discussion followed, and the City Planner remarked, that he had indicated to the owner that this building is classified as a warehouse.' with no windows, no floor, and no facilities. There was a great deal of discussion, and Attorney Wallace advised that it was his recommendation that the city proceed on the basis that both buildings (warehouse and wharf) be required -to be submitted to the Amenities Design Board, and the building at Second and Main also be reviewed by the Board. Following Attorney Wallace's statement regarding the wharf building, Attorney Kelleher agreed that it was mandatory that Laebugten Wharf go through the process of the Amenities Design Board. There was discussion of the withdrawing of the company from representing the client in regard to the matter involving Mr. Henning. Attorney Wallace, speaking about the Harbor Building's review by the ADB, stated that while the review of this would not be binding, the city would not pre- judice its rights regarding the problem, and'the proposed recommendation would not jeopardize the city's position in the matter. Councilman Welling said he•felt the Harbor Building deserved full determination of whether or not it complies, without any use of the warehouse building with which to bargain. He also mentioned that the city should make.some record of not being interested in any withdrawing of any of the principals. After some further discussion, a motion was made by Councilman • Anderson, seconded by Councilman Welling that through our attorney, we communicate to Harbor Construction our acceptance of Points 2 and•3 in their proposal, contingent upon written concurrence by Mr. Henning on his return, that it be a mandatory re- ferral to the ADB as to his building; and further contingent upon the understanding that the decision of the Amenities Design Board on Point 2 binds neither party; and further contingent that this is unrelated to any proposal that Harbor would make in relation to withdrawing from representing Mr. Henning's interest. Motion carried. DISCUSSION OF PROPOSED PARKS COMPREHENSIVE. PLAN Director approved Rod Garretson explained that the proposed parks comprehensive plan mutt be by the council before it can be sent to the IAC. He asked that council take the copies distributed tonight and give him any input during the week so he can then include these suggestions and,a final draft be made for their approval at next week's council meeting. He stated that the IAC must have this plan before taking steps for Seaview and Sierra parks funding. Following discussion on the wisdom of asking IAC for an extension, it was decided to place discussion of the parks comprehensive plan first on the February 19 agenda. REPORT ON APPRAISAL OF-BROOKACRES AND DISCUSSION.OF CITY INTEREST IN ACQUISITION Director Rod Garretson reported that council had viewed this property. He stated that the original estimate of $360,000 was the indication from the property owner as her selling price for city acquisition.. The property had now been appraised, and further discussion was to be held for executive session following this meeting: DATE SET FOR OPENING BIDS ON OFFICE FURNITURE Mayor Pro tem John Nordquist advised that at the last meeting, council had not moved 0 NTH to authorize opening date for bids on the office furniture. A memo with dates had been furnished by Fire Chief Cooper, as Purchasing Agent. Councilman Anderson made the motion, seconded by Councilman Winters that March 12 be set as the date for opening of bids for the office furniture, and the motion carried. COUNCIL PARTICIPATION Councilman Gellert brought up the matter of Street Use :permits coming before council, and felt that now with the Amenities Design Board, he would propose eliminating the city council -as an additional approval, as he felt approval by the ADB, City Planner, and Building Dept. was sufficient. Councilman Gellert said he would move to in- struct the City Attorney to amend the ordinance regarding this, to have these permit requests go to the Amenities Design Board and come to council on an appeal basis only. This was withdrawn, however, as Attorney Wallace advised that he would fur- nish Councilman Gellert with an opinion on this matter. He explained that a -street use permit which gives exclusive use of public right-of-way to an individual, re- quires action by the legislative authority, in this case the city council. Councilman Welling inquired about the reading of water meters, and why this might not be done on a computer rate basis, with billing for additional or for credit done at the end of the year. He asked if council could be given costs on this method versus the alternative method. Director Herb Gilbo answered that he would need to make a,very thorough study of this before reporting back, taking into con- sideration resulting costs such as increased complaint calls from custoAmers who would be billed for more than they knew they were using, and explanations about the end of year adjustments, etc. He stated that he would report back to council at a future date on comparative costs of the two systems. Councilwoman Shippen made a motion that February 26 be set as the date for a hearing on the undergrounding formula as it applies to Neighborhood Business, Commercial Business, Commercial Waterfront, and arterials, for a change to 50% City and 50% Utilities within the Right -of -Way. This was seconded by Councilman Anderson, and the motion carried. The council meeting was then adjourned at 9:20 P.M., with council meeting for an Executive Session, which lasted for another hour. Irene Varney Mo n, City Clerk February 19, 1974 ROLL CAT,T, Harve H. Harrison, Mayor The regular meeting of the Edmonds City Council.was called to order by Mayor Harve Harrison at 7:30 P.M., with all council members present. Mayor Harrison extended a welcome to a large group of City employees from the Public Works Department. APPROVAL OF MINUTES Councilman Nordquist noted that on page 3 of the February 12th minutes, under the item entitled "Date Set For Opening Bids on Office Furniture", it was to read that the bids were to be opened on March 1, not 12th, and that this will be reported on the 12th of March. He stated that he had misread the request which had been submitted by Fire Chief Cooper, as Purchasing Agent. The minutes were then approved as amended. COUNCIL PARTICIPATION Councilman Nelson asked to have the rules suspended so that he could make a motion to enter for the record of the February 5th Council Meeting his reasons for voting against the Amenities Design Board.. He therefore moved that the rules be suspended and that he be permitted to enter those reasons in the minutes.' ,, The motion was seconded by Councilman Nordquist; voted upon and carried. Councilman Nelson's comments were as follows: He said that he would reluctantly oppose the ordinance because of some of the harsh wording, and due to the fact that it goes far beyond anything that he had ever anticipated. He said there is no specific language that gives a contractor or a builder an idea of what is expected of him before he ever comes in to talk to the Amenities Design Board. Secondly, Councilman Nelson thought that it does instill more governmental control. Thirdly, he thinks that an additional board will increase costs to the City and ' to the applicants due to fee that is involved, time delay in starting projects, etc. Councilman Nelson also felt that in any one course of time, based on the people who are on the Amenities Design Board, can create'a•-stereotype construction situation. There is .too much personal opinion built in to the ordinance. He thought.it was necessary to preserve the rights and the freedoms of the individuals to make some choice within bounds that can be acceptable by the people and their elected representatives. Councilman Nelson stated further, that he hopes that this Board works and that he is proved wrong as he feels that the Board is made 1 • 1 • 1� 1