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19761228 City Council MinutesDecember 28, 1976 • The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Max Gellert J. Herb Gilbo, M.A.:,A. Ray Gould Robert Anderson Leif Larson, City Engineer Phil Clement Joe Wallis, City Planner John Nordquist Jack Cooper,..,Fire Chief Tom Carns Jack Weinz, Asst. Fire Chief Mike Herb Harry Whitcutt, Building Official John Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT -AGENDA (7:36 p.m.) MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Approval of Minutes of December 21, 1976. (B) Set dates for hearings on P.C. Resolutions: (1) Set January 18 for hearing of P.C. Resolution 539, recommending approval of proposed amendment to Sec. 12.14.020(3)(e) of Zoning Code relating to screening devices in parking areas. File ZO-20-76 (2) Set January 18 for hearing of P.C; Resolution 540, recommending approval of proposed amendment to Zoning Code to allow temporary parking lots and establish temporary improvement requirements. File ZO-21-76 (3) Set January 18 for hearing of P.C. Resolution 541, recommending approval of amendment to Sec. 12.13.110(b) of Zoning Code to permit single family dwellings in RM zones less than 6,000 square feet. File ZO-10-76 COUNCIL PARTICIPATION (7:37 p.m.) Councilman Clement said he had made a motion last week remanding to the Planning Commission the issue of the zoning of the Edmonds Elementary School property, for public hearing on February MOTION: 9, 1977. A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN CARNS, THAT THE PUBLIC HEARING REGARDING ZONING OF THE EDMONDS ELEMENTARY SCHOOL BE RESCHEDULED FOR JANUARY 12, 1977. MOTION CARRIED. Councilman Herb inquired about the Brookacres appraisal. City Attorney John Wallace said he had received it and it would be available to the Council. City Planner Joe Wallis noted that several items had been remanded to the Planning Commission in recent weeks, resulting in some misunderstanding between the City Council and the Planning Commission. He suggested an informal discussion between the two groups and recommended the MOTION: January 11 work meeting. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, THAT THE STAFF BE DIRECTED TO INVITE THE PLANNING'COMMISSION TO PARTICIPATE IN A DISCUSSION ON JANUARY 11, AND THAT THIS ITEM BE PLACED THIRD ON THE AGENDA. MOTION CARRIED. City Engineer Leif Larson reported that the City's application for sewer funds under the Public Works Employment Act had been denied. He said the assessment notices were ready to mail, but they had been prepared on the basis of this grant, quoting the unit cost per zone front foot as $21.30. Without the grant money this cost would be $36.71 per zone front foot, so Mr. Larson recommended the assessment hearing be held in abeyance and possibly be discussed at some future date. Mayor Harrison added that other grant money may become available in the future and the application could be upgraded for submission. The City Attorney noted that the resolution had been published once but the second publication would be cancelled. Nina Audal was introduced. She is a reporter for the Western Sun and will be assisting in reporting Council meetings. CORRESPONDENCE (7:45 p.m.) The Deputy City Clerk read a letter to the Council from Bob and Peggy Boye in which they complained about the hours of operation of the 7-11 Store in the Ballinger area, the display by the store of adult magazines, litter from the store, and hours of lighting the store. The letter was discussed. Councilman Carns found no objection to the magazines displayed there, but Councilman Herb noted that most grocers keep certain magazines in a separate place not easily accessible to children and that this might be easily resolved with just a request. Regarding the hours of operation, it was noted that the hours may be a part of their franchise and beyond other control. It was also noted that there is the Model Litter Control Ordinance and a Litter Control Officer to handle such matters. Mr. Wallis said the lighting condition is not specifically addressed in the Code. A letter will be sent to Mr. and Mrs. Boye from the Mayor's office. 1 1 • 1 L, 1 1 0 December 28, 1976 (Continued) 25 REPORT ON PETITION RE BUILDING ON 4TH AVENUE SOUTH (7:53 p.m.) Building Official Harry Whitcutt had prepared a report reflecting his satisfaction that the structure, in its present stage of construction is in full compliance with the Building Code. He noted the inspections which had been made and the result of each, including an additional inspection made as a result of the complaint received on December 6. He noted that the building, the height of which was the complaint issue, is in excess of two feet below the permitted height. Ethyl Fenton of 261 - 4th Avenue South had circulated the petition requesting an investigation of this construction, and she presented the Council with photographs she had taken of the construction, together with excerpts from the State Building Code defining certain terminology. She stated that regrading had covered all points from which triangulation could be made and she felt.incorrect ground elevation data had been used: She said the only measurements taken were those of the -builder. She said that by definition the floor the builder calls a basement is not, because it is above street level. She said she and the other neighbors felt the building is too high. It was pointed out to her that the Zoning Code does not refer to number or type of floors, but only to total height in feet. He said both buildings have been rated as three stories and a basement, which is the maximum allowed for a wood frame building under the Building Code. He said the building will be 33' high and slightly over 36' above the lowest point of the property. Mrs. Fenton said the builder admitted it to be over 38'. She said he had raised the alley 1' to 1z', altering the height of the building. She said she realized nothing could be done about it now, but she wanted to prevent this happening in the future. She felt that although it may have been done legally, it had not been done within the intent of the law. She said the Code should require an official triangulation before accepting the builder's figures. Mr. Whitcutt said the building height regulations require that the builder determine and show the elevation of the four corners of the building, and the Building Department verifies that he does that. If there is any doubt, it is remeasured. He said there is a drop on this property of 7' but over a distance it does not appear to be that much. He said they can require elevations if they do not think they are properly shown, but in this case they saw no reason to question this. • Councilman Herb noted that there was no evidence of any violation of the Code, and the council apparently could take no action. REPORT ON BIDS OPENED DECEMBER 6 FOR FIRE.HOSE (8:13 p.m.) Fire Chief Jack Cooper had prepared a report on the bids received. He said only one bidder had submitted figures for calendered hose. The other bidders met the specifications except for the calendered hose. They had all bid on extruded hose and the low bidder for that was Uniroyal, Inc. The bid bond with that bid.had not been received until the day following that on which the bids were opened, but they had indicated it would come by separate cover and registered mail. He recommended acceptance of this bid and waiver of the bid bond irregularity. Discussion revealed that Chief Cooper felt the calendered hose was the preferable one, but it was more expensive. Chuck Swift of American Rubber, the company which had bid the calendered hose, said it was difficult to give hard facts to prove that calendered hose is better than extruded, as a lot depends on weather conditions, pumping equipment, etc. He said the City of Everett -had done some extensive studies on his company's calendered hose and the extruded hose of some other companies, and these studies proved to them that the calendered hose was the better. He noted that our Fire Department had used his hose for 11 years with no problems. He said they distributed only in the West. He said that at one time all manufacturers produced laminated (calendered) hose but as costs increased they went to the extruded method to cut costs. He said he could have submitted a lower bid on extruded hose.also, but he bid on what the specifications indicated. After further discussion it was agreed that the bids should all be rejected and new bids called for, with each bidder having the opportunity to bid on both types of hose. The matter of 1976 funds MOTION: being budgeted for this purchase was discussed. A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN CARNS, TO INCREASE THE CASH ON HAND FOR 1977 BY $6,000 FROM THE 1976 BUDGET AND TO INCREASE THE FIRE DEPARTMENT EXPENDITURES BY $6,000; AND TO REJECT ALL BIDS RECEIVED FOR FIRE HOSE AND GO OUT FOR REBID, ALLOWING FOR BOTH TYPES OF CONSTRUCTION, CALENDERED AND EXTRUDED, AND ESTABLISHING.ACCEPTABLE PERFORMANCE STANDARDS. MOTION CARRIED. PROJECTS AND ESTIMATES FOR SCHOOL WALKWAY PROGRAM FOR HUD BLOCK GRANT CONSIDERATION (8:35 p.m.) City Engineer Leif Larson had prepared a report indicating proposed locations for school walkways and the estimates for each. He indicated their locations on a map and indicated their order of priority would be: Westgate Elementary School, College Place Elementary School, Olympic Elementary School (but it may possibly be covered under the State Highway project), Meadowdale Elementary School, Chase Lake Elementary School, and Seaview Elementary School. This information was submitted for consideration when selecting a HUD Block Grant project at the January 4 meeting. Al Kincaid.was present and reiterated the Chamber of Commerce's proposal for a HUD Block Grant project as he previously.had requested by letter. After discussng his proposal Mr. Kincaid asked to speak on another matter. He said a problem had arisen with one particular business which has been advertising as going out of business for several months. He said the signage was unattractive and detrimental to the City and he suggested an ordinance be drawn to cover this type of incident. It was noted that there is already Attorney General protection and that the incidence of such occurrences is very low in Edmonds. There was no further business to come before the°council, and the meeting was adjuourned at 9:00 p.m. IRENE VARNEY MORAN, Ci y Clerk 4 t H. H. HARRISON, Mayor r1 U