19740319 City Council Minutes•
10 `.
been opened by the City Clerk on March 1 in the council chambers,, and were
the.2following :
deVoss Office Interiors $57513.55
Office Interiors 5,253.42
Bank & Office Interiors 5;250.00
Contract Furniture, Inc. 59190.92
Priebe's, Inc. 31415.91
Seattle Office Furniture Mart 27803.47
Each item was bid upon separately, and evaluation of the submittals was based
on purchasing power of the cost proposed; sound design of enduring quality; ,
and a design to reflect the dignity of the office.
It was the opinion.of the committee that the proposal submitted by Bank &
Office Interiors was the best to meet the criteria, and that proposal was
therefore recommended.
MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON THAT
THE RECOMMENDATION OF THE COMMITTEE BE ACCEPTED, AND THE BID FOR OFFICE FUR-
NISHINGS BE AWARDED TO BANK & OFFICE INTERIORS AT THE BID PRICE OF $51250 FOR
THE ITEMS NOTED. MOTION CARRIED.
REQUEST FOR AUTHORITY TO PURCHASE POLICE VEHICLES
Herb Gilbo, Director of M. & 0., reported that he was requesting purchase of
5 police vehicles, 4 as replacement and one new unit which had been budgeted
for additional patrol requirements. He advised that this could be handled
• via the Spokane County bid through Chapman -Pearce Ford, Inc. Director Gilbo
noted that he would like to stay with the Ford products as they were the
lowest maintenance costL.for city vehicles.
is
1
1
MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON
TO AUTHORIZE THE PURCHASE OF THE FIVE NEW POLICE VEHICLES AT APPROXIMATELY
$3534 EACH, VIA THE SPOKANE COUNTY BID THROUGH CHAPMAN-PEARCE FORD, INC., AT
A TOTAL PURCHASE COST OF $17,670.05. MOTION CARRIED.
REPORT ON
McA.A. Ron
were furni
tract with
the policy
was a plan
the entire
LABOR UNION NEGOTIATIONS
Whaley reported that under the LEFF system, the Fire and Police
shed with vision care, and this was also a condition of the con -
Public Works. He advised that in regard to vision care, it was
to offer these additional benefits to all employees, and there
available wherein it would cost $5.40 per employee per month for
family to be covered for vision care.
M.A.A. Whaley then reported that the Public Works Union had agreed to settle
and accept the city's offer. However, unfair labor practices charges had been
filed with the Dept. of Labor & Industries against the city by the Union, and
Councilman Welling felt this should certainly be cleared before council
authorized signing of the contract. All three contracts are ready for signa-
ture, and following some further discussion, IT WAS MOVED BY COUNCILMAN
MOTION: ANDERSON, SECONDED BY COUNCILMAN NELSON TO AUTHORIZE THE MAYOR TO SIGN THE
UNION CONTRACTS, WITH SIGNATURE OF THE PUBLIC WORKS CONTRACT SUBJECT TO THE
DISMISSAL OF THE UNFAIR LABOR PRACTICES CHARGES AND PROCEEDINGS. MOTION
CARRIED.
REPORT ON LEGAL AUTHORITY REGARDING BOARD OF ADJUSTMENT RULINGS
In answer to Councilman Gellert's question in reference to anu.:.:tnm in the
Times Troubleshooter regarding the City of Bellevue, City Attorney Wallace
explained that this occurrence was due to the fact that the applicant's
representation that the building not obstruct the view was not made as a
condition of granting of the variance. Apparently the'Board of Adjustment
members did not rely nor take that representation into account in granting
the variance, and as such, the ruling Councilman Gellert mentioned was that
the city could not enforcefthe property owner's representation that he would
not block the view because it was not a condition of granting of the variance.
ADJOURNMENT
There was noi:fur;.tY€er business, and the meeting adjourned at 11:30 P.M.
Irene Varney Moran, ity Clerk
March 19, 1974
ROM. CAM,
Harve H. Harrison, Mayer
The regular -meeting of the Edmonds City Council was called to order at 7:30 PM.
by Mayor Harve Harrison, with all council members present.
0
APPROVAL OF MINUTES •
Minutes of the work meeting of March 12 had been posted, mailed and distri-
buted, and with no omissions nor corrections, they were approved as written.
COUNCIL PARTICIPATION
Councilman Gellert stated that he had been somewhat perturbed last week during
the work meeting by the large gnup from the audience who spoke. He felt that
MOTION: the work meeting time should be for council discussion. COUNCILMAN GELLERT
THEN MADE A MOTION THAT DURING WORK MEETINGS THERE BE NO AUDIENCE PARTICIPATION,
AND ANY AUDIENCE INVOLVEMENT BE RESERVED FOR ANSWERING SPECIFIC QUESTIONS OR
TAKING UP A MATTER ALREADY ON THE AGENDA. MOTION ETAS SECONDED BY COUNCILMAN
NELSON AND CARRIED.
MOTION: COUNCILMAN GELLERT MADE ANOTHER MOTION, SECONDED BY COUNCILWOMAN SHIPPEN THAT
THE AGENDA FOR THE WORK MEETINGS BE PRESENTED AND APPROVED AT THE COUNCIL.,
MEETING ONE WEEK PRIOR TO THE WORK MEETING; AND THAT ONLY EMERGENCY ITEMS
BE ADDED SUBSEQUENT TO THAT TIME. He explained that the reason for this is
to allow the council'-A-ime for preparation when discussing more involved items.
Councilman Welling said that he hoped there was some way that the agendas could
be limited. Councilman Anderson said that he was willing to try the format
proposed by'Councilman Gellert. The motion was then voted upon and carried.
AT THIS POINT, MAYOR HARRISON ANNOUNCED THERE WOULD BE AN EXECUTIVE MEETING
FOLLOWING THE CONCLUSION OF THE COUNCIL MEETING.
Councilman Anderson asked the City Planner if the addresses of the items taken
before the Board of Adjustment could be noted in theminutes of the Board.
Mr. Wallis answered that this could be done. •
Councilwoman Shippen distributed a yellow flyer to the council members from
the Sound Expression Theatre. She said that a representative of the group
expressed interest in the use of the Edmonds Junior High School Auditorium,
which is due to be closed in two years. They hoped that the City mould be
interested in this acquisition as a facility for the performing arts. Mrs.
Shippen thought this should be a municipal goal; and she hoped that we would
consider it in our Capital Improvements Program.
Councilwoman Shippen then mentioned a map which she had passed out last week
concerning the zoning along Edmonds Way, east -of Westgate. She thought that
since this is going to be a five lane highway, it will affect the type of
zoning that will be requested along there. She thought that we should express
our desires to the Snohomish County Planning Commission. She thought perhaps
it should be designated multiple residential. Mrs. Shippen mentioned that this
is a major bus route now, and that bus routes operate most efficiently through
higher density areas. There was some discussion regarding strip zoning.
MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST AND SECONDED BY COUNCILMAN NELSON
TO REFER THIS MATTER TO THE PLANNING COMMISSION. Discussion followed. Council-
woman Shippen asked if this matter would go back to the Planning Commission,
who in turn would review our Comprehensive Plan in Edmonds, plus that part
which might be annexed along Edmonds Way? Planner Wallis said yes, as our
Planning Area extends well beyond the boundaries of the City, all the way down
to the South County line. He thinks that entire area should be looked at.
Councilman Welling stated that he would not vote on this matter because of
a possible conflict of interest. The motion was then voted upon and carried.
Councilwoman Shippen noted that when the new domed stadium is finished, the •
King Street Station will still be there, along with the railroad tracks leading
to Edmonds, Mukilteo, Everett, etc. She wondered if anyone had considered the
possibility of a recreation train to transport people to the stadium. Mayor
Harrison said that he would not encourage this as he would not like to see
Edmonds become a large parking lot for this purpose. This was discussed briefly.
Councilman Welling reminded council that on January 15th he had made a motion
that the City commence an injunction action against the owners of the Harbor
Building to enjoin them from finishing and occupying that building. He reviewed
events that have taken place since that time. He thought now was the time to
decide if we are to carry out our previous resolution or amend it. He therefore,
MOTION: MADE A MOTION THAT THE CITY REAFFIRM ITS POSITION TAKEN AT THE JANUARY 15th,
1974 COUNCIL MEETING TO THE EXTENT THAT AN INJUNCTION ACTION COMMENCE AGAINST
THE HARBOR BUILDING AND THE OWNERS THEREOF AGAINST THEIR OCCUPYING THE BUILDING,
AND REQUIRING THAT THEY REMOVE ANY STRUCTURES THAT MAY EXIST IN VIOLATION OF
THE HEIGHT LIMITATIONS AS CONTAINED IN THE CITY ORDINANCE. THE MOTION DIED
FOR LACK OF A SECOND.
Capt. Shields commented that he thought it would be ridiculous to stop work
on a building when it is this far along.
Mayor Harrison read a letter that he had received from the Ward Phillips Co.
Mr. Phillips requested permission to have five railway luggage carts to be
placed on various street corners downtown. They would be selling arts and crafts;
coffee and cold drinks; flowers, etc. Mr. Phillips had suggested that DECA
classes from the five local high schools each be assigned a cart to operate as
•
u
1 V.9
MOTION:
1
1
MOTION:
•
a business project. Mayor Harrison thought that this would be a council matter,
and thought perhaps it would be advisable to circulate a petition among -the
downtown businessmen to see what they think of the idea. Ward Phillips, who
was in the audience, agreed that this was a good suggestion. In reply to
questions from council, Mr. Phillips said that the carts would be on the sidewalk
and would be taken in each night and stored at Milltown. A MOTION WAS, BY
COUNCILMAN NORDQUIST AND SECONDED BY COUNCILMAN ANDERSON TO PLACE THIS MATTER
ON THE AGENDA FOR DISCUSSION AND ACTION ON APRIL 2ND. City Clerk, Irene Varney
Moran, stated that this would be handled as a concession for a given period of
time, at given locations. Councilman Gellert asked that the City Attorney check
to see if there would be any discrimination with regard to giving an exclusive
franchise. MOTION WAS THEN VOTED UPON AND CARRIED.
AUDIENCE PARTICIPATION
1
Jim Mueller expressed concern over the motion made by Councilman Gellert earlier
which restricts audience participation during the council work sessions. He
thought that if there is a.situation occurring in the City of sufficient
magnitude,'it should be possible for the citizenry to bring it to the council
at any time. Councilman Gellert pointed out that the citizens have the oppor-
tunity to bring matters to council attention three weeks out of the month, whereas
in the past only two council meetings were held each month. He thought that
it was very important for the council to have the one week per month set aside
so that they can discuss lengthy issues among themselves. Mr. Gellert also
pointed out that these meetings are held in a large area where as many people
as possible can attend to hear them deliberate.
Capt. Shields asked who had issued the stop work order on the Harbor Building.
Building Official, Harry Whitcutt, answered that it was issued by the Building
Department and that it was not council action. Mr. Whitcutt said the stop
work order was issued because of a violation of the occupancy provisions.
Chet Bennett, who said he was speaking on behalf of Richard Kelleher and
Harbor Construction Company, asked that the council authorize the building
inspector to issue a Temporary Occupancy Permit for the Harbor Building.
Mr. Bennett described the events leading to a stop work order being issued
by the Building Department. The tenants did vacate the premises. Subsequently,
the structure was inspected by the Building and Fire Departments and the
State Electrical Inspector and found to be in satisfactory compliance with
the life safety provisions of the City Codes. A letter from the Fire Department
and a memo from the Building Department stating these facts were read by
Mr. Bennett. Councilwoman Shippen asked when this matter was scheduled to
come before the Amenities Design Board. Mr. Kelleher stated that they are
on the agenda for the next meeting. Following some further discussion, a
MOTION WAS MADE BY COUNCILMAN NELSON AND SECONDED BY COUNCILMAN WINTERS THAT
A TEMPORARY OCCUPANCY PERMIT BE GRANTED FOR THE HARBOR BUILDING. COUNCILMAN
WINTERS THEN AMENDED THE MOTION TO ADD, "AS LONG AS IT COMPLIES WITH -BUILDING
CODES AS OF NOW". THIS WAS SECONDED BY COUNCILMAN WELLING. During discussion
that followed, Councilman Gellert asked the City Attorney if the issuance of
the Occupancy Permit could prejudice the City's case if this matter should go
to court. Deputy City Attorney, John Wallace referred to a letter which had
been delivered this date from Mr. Kelleher's office, wherein they stipulate
that they will not assert any defense arising out of receiving the permission
for temporary occupancy. Mr. Wallace read the letter -from Mr. Kelleher into
the record. Councilwoman Shippen asked Mr. Bennett if he will have comments
to offer when the Uniform Building Code comes up for revisions. He replied
that he will be glad to help. The amendment was voted upon and carried and
the motion as amended also carried.
Dave Larson inquired about the landscaping for the Harbor Building. City
Planner, Joe Wallis, stated that Harbor Construction. has agreed to comply with
a landscaping -scheme suggested by the City. Mr. Whitcutt said that Ordinance
41610 requires that a bond be posted prior to issuance of a permit to insure
that the landscaping is provided. He said we do hold that bond from Harbor.
CORRESPONDENCE
Deputy City Clerk, Eleanor Quealey, read a letter from Peter D. Fay, 541
Paradise Lane, wherein he requested that the City permit him to sign a 180
day promissory note for the $550.00 sewer connection fee to connect him to
the City system. Attorney Wallace stated that it is prohibited to lend the
City's credit. Following further comments by the attorney, Mayor Harrison
stated that he will look into the matter personally.
HEARING: ON PASSAGE OF SUBDIVISION ORDINANCE
City Planner, Joe Wallis reported that the Subdivision Ordinance has been
sent down to the Office of Community .:Development at the State Level for review,
but nothing has been heard from them. He said there has been some legislation
passed since the ordinance was drafted and there will be an amending process
going on. Following some discussion, the Mayor declared the hearing open. No
MOTION: one wished to speak, so the hearing was closed. A MOTION WAS MADE BY COUNCILMAN
NELSON'AND SECONDED BY COUNCILMAN NORDQUIST TO PASS QRDINANCE 41703, ADOPTING
REGULATIONS RELATING TO PLATTING AND SUBDIVISION OF LAND. FOLLOWING A BRIEF
DISCUSSION, THE MOTION WAS VOTED UPON AND CARRIED.
0
110.
1974 EDMONDS ART FESTIVAL,- PRESENTATION BY W.C. SELLERS, PRESIDENT
MOTION:
Mr. Walter Sellers stated that the Board of Directors of the Edmonds Art
Festival has suggested that they investigate the possibility of moving the
Festival from the Civic Center to a site encompassing the Masonic Templet
and Old Milltown. He said they have had electrical problems, storage and
space problems, and this is the reason they are proposing this move. Mr. Sellers
said that if they do make this move, it will be necessary to close Dayton
between 5th and 6th. He said they are not totally committed to'this move and
would like to have comments from council or the City staff. Mr. Sellers stated
that he had sent a letter to Councilman Nordquist and the Mayor regarding their
plans. Copies were to be made for the rest of the council members. Mr. Sellers
went over the points in that letter. Following more comments, A MOTION WAS MADE
BY COUNCILMAN NELSON AND SECONDED BY COUNCILMAN NORDQUIST THAT THE MAYOR BE
GIVEN THE AUTHORITY TO APPOINT SOMEONE FROM THE CITY TO WORK WITH THE COMMITTEE
FOR PLANNING THE ART FESTIVAL FOR 1974. Mr. Sellers stated that they would like
to invite persons interested to join their organization. THE MOTION WAS THEN
VOTED UPON AND CARRIED.
REPORT ON BIDS OPENED MARCH 11 FOR PURCHASE OF TRUCK AND SALE OF SURPLUS VEHICLES
Bids were opened on March 11, 1974 at 10:00 A.M. by the City Clerk for the sale
of surplus city vehicles. Bids received were as follows:
19711
Plymouth Satellite
$211.00
19701
Plymouth Fury III
215.00
19629
Utility box for 3/4-ton
Pickup
25.00
1960,
Utility box for One -ton
Pickup
50.00
19641
Chevrolet 1/2-ton Pickup
400.00
19669
Chevrolet One -ton flatbed
800.00
Herb Gilbo, Director of M & 0, Public Works;- reported that the bids were
much, or more than the minimum bid set for each vehicle. He recommended
MOTION: acceptance of the bids. A MOTION WAS MADE BY COUNCILMAN NORDQUIST AND
SECONDED BY COUNCILMAN ANDERSON TO ACCEPT THE HIGH BID FOR EACH VEHICLE
as
AS
NOTED ABOVE. MOTION CARRIED. Mr. Gilbo also reported that bids were received
for the purchase of a new, 1974 One -Ton Dump Truck, which were as follows:
Sumner Ford Motors, Inc. $69134:99
Wilson Motor Company 59683.29
51199:75 (Alt. Bid)
He recommended acceptance of the bid from Wilson Motor Company in the amount
of $5,683,29, as the alternate bid did not include items to meet our specifications.
MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST AND SECONDED BY COUNCILMAN-GELLERT
TO ACCEPT THE BID OF WILSON MOTOR COMPANY IN THE AMOUNT OF $5,683.29, SUBJECT
TO IT BEING PAINTED CITY BLUE. MOTION CARRIED.
REVIEW OF STREET DESIGN STANDARDS,
City Engineer, Leif Larson, reported that he had handed out a resume of'the
Design Standards at last week's council work meeting. He gave a brief history
of these Street Design Standards. Councilwoman Shippen thought :that we should
review our street classifications. Jim Mueller stated that our biggest concern
on street standards today is the way the street follows the contour of the
land. He thought that the design criteria perhaps could be waived to some extent
to take into consideration the particular nature of Edmonds' streets. Mr. Molter,
who resides on Olympic Avenue said that he did not feel that Olympic Avenue
should be designated a commercial street. He pointed out that there is a public
gaade school on that street and designating the street commercial would create
danger to the children going to and from school. In discussions regarding
review of the street standards, City Planner, Joe Wallis, stated that we do
not at present have a consolidated circulation plan. He felt that we should
get back to a comprehensive plan that includes bicycle paths, paths, street
standards, etc., including street designations. Mr. Wallis thought that the
first step would be to establish the complete policy section of the Comprehensive
Plan and then get down to the standards, M.A.A.Ron Whaley asked for a preliminary
report by June llth.
REVIEW OF NOISE ORDINANCE
Building Official, Harry Whitcutt, requested 30 to 60 days additional time to
do the study work with regard to the Noise Ordinance. Councilman Nordquist.
suggested that Mr. Whitcutt report back to the council on the 17th of April
as to how :they are meeting their goals and objectives.
PETITION FOR STREET VACATION - 180TH SW - SET HEARING DATE
PETITION FOR ALLEY VACATION - BETWEEN 7TH & 8TH, LYING WITHIN BLOCK 5
OF KELLOGG PLAT
City Engineer, Leif Larson, reported that a petition containing five signatures
for the vacation of a portion of 180th Street S.W. has been received. Another
petition was also received for vacating the alley between 7th and 8th, lying
within Block 5 of Kellogg Plat. Said petition contained nine signatures.
1
I
•
E
1
1
u
r:
City Attorney, John Wallace, explained that if the petitions have not been
signed by two-thirds of the people abutting the portion that is to be vacated,
then the City may institute it on their own. Following some discussion, a
MOTION: MOTION WAS MADE BY COUNCILMAN NORDQUIST AND SECONDED BY COUNCILMAN NELSON TO
INSTRUCT THE CITY ATTORNEY TO DRAW RESOLUTIONS FOR THE CITY TO INITIATE VACATION
PROCEEDINGS FOR VACATING A PORTION OF 180TH STREET S.W. AND FOR VACATING ALLEY
BETWEEN 7TH AND 8TH, LYING WITHIN BLOCK 5 OF KELLOGG PLAT; AND TO SET HEARING
FOR APRIL 23xd. MOTION CARRIED UNANIMOUSLY.
PROPOSED AMENDMENT TO AMENITIES ORDINANCE TO ELIMINATE FEES
MOTION: A MOTION WAS MADE BY COUNCILMAN NELSON AND SECONDED BY COUNCILMAN NORDQUIST
TO PASS ORDINANCE #1704, ELIMINATING FEES FOR APPLICATIONS FILED WITH THE
CITY AMENITIES DESIGN BOARD. MOTION CARRIED.
PROPOSED ORDINANCE IN ACCORDANCE WITH PLANNING COMMISSION RESOLUTION#430 (TOWNHOUSES)
MOTION A MOTION WAS MADE BY COUNCILMAN GELLERT AND SECONDED BY COUNCILMAN NELSON TO
PASS ORDINANCE #1705, DEFINING THE TERM "TOWNHOUSES", ADDING "SUCH USE AS A
PRIMARY OR PERMITTED USE IN RD AND RM DISTRICTS AND IN PLANNED RESIDENTIAL
DEVELOPMENTS. MOTION CARRIED.
CLAIMS FOR DAMAGES
Council acknowledged receipt of a claim from Charles W. Bush in the amount of
$78.12, which was referred to the City Clerk for processing. Council also
acknowledged receipt of a claim from Phyllis Chandler against U.D.I. Construction
Co., which was forwarded to the contractor as it is his responsibility.
• There was no further business to come before council, and the meeting adjourned
at 10:05 P.M.
Eleanor Queal*, Deput ty Clerk Harve H. Harrison,"Mayor
March 26, 1974
RnT,T, C'ALT,
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 council meeting of March 19 had been posted, mailed, and
distributed. Councilman Gellert noted that on page 5 under the amendment to
the Amenities ordinance, to eliminate fees, he had voted against the motion,
and wished this to be a matter of record. There were no other omissions nor
corrections, and the minutes were approved as amended.
COUNCIL PARTICIPATION
Councilman Gellert stated that he would not be present at next week's
council meeting as he would be out of town.
• Councilman Welling asked for an explanation regarding minimum lot sizes and
subdividing. For example, if a property -owner has a 15,000 square foot lot
in an area of 12,000 zoning, can the owner subdivide and later sell off a
lot. Then, if this goes beyond the statute of limitations, and the second
owner sells to a third person who then finds he cannot get a building permit
for a substandard lot, what can be done? Is there no inquiry by the Planning
Department in regard to when the illegal subdivision was made? A program
should be undertaken to determine when the illegal subdivision took place.
There followed some discussion on the third party as the innocent purchaser,
and his rights under the law. Councilman Welling then MADE A MOTION TO
MOTION• DIRECT THE BUILDING DEPARTMENT, ON APPLICATIONS FOR BUILDING PERMITS ON LOTS
THAT ARE UNDERSIZED ACCORDING TO THE -APPLICABLE ZONING, THAT THE APPLICANT
BE REQUIRED TO FURNISH EVIDENCE AS TO WHEN AND UNDER WHAT CIRCUMSTANCES THE
SUBDIVISION OCCURED WHICH GENERATED THAT SUBSTANDARD LOT. Following some
further discussion on this matter, the motion was voted upon and carried.
HEARING: PROPOSED EXTENSION OF 196TH BETWEEN 81ST AND 88TH
Hearing was held on the proposed extension of 196th between 81st and 88th.
City Engineer Leif Larson reported that.notices had been mailed to property
owners on 196th, advising them of the hearing tonight. He then went on to
explain the background of the project, the Iapproval by the Urban Arterial
Board, and the preliminary design which reflected that the street would
probably remain at the existing grade. Engineer Larson noted that the street
is classified as a major arterial with a minimum R/W width of 60 ft. and a
minimum roadway from curb to curb of 44 ft. The meeting tonight involves
0