19750729 City Council Minutes310
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FIRST READING: PROPOSED ORDINANCE REGULATING RENTAL OF COMMUNITY.CLUB FACILITIES
FOR PUBLIC AND PRIVATE PARTIES
First reading was.heard on'a proposed ordinance to regulate rental of community club.facilities
for public and private parties. Second reading will be:•) on.Aug. 5.
SECOND READING: PROPOSED AMENDMENT TO ORDINANCE #492, RE/UNDERGROUNDING
Councilwoman Bruns stated for the record that she would abstain from discussion and voting on
this item, as she iB employed by General Telephone.
Mr. Vince Graham, representative from the telephone company, voiced opposition to the
proposed ordinance.
MOTION: Councilwoman Shippen moved, seconded by Councilman Gellert that proposed Ordinance #1780 be
passed. A roll call vote showed Clement; Gellert, Shippen and Anderson in favor; Welling
and Nordquist against; Bruns abstaining. Motion carried.
SET DATE FOR PRELIMINARY PLAT APPROVAL - VIEW CREEK ESTATES - P-2-75
MOTION: It was moved by Councilman-Nordquist, seconded by Councilman Gellert that August 19 be set as
the date for hearing on the preliminary plat approval of View Creek Estates. Motion carried.
CLAIMS FOR DAMAGES
Claims for damages were acknowledged from: Julie Twitchell., Rosemary Weiss,. and Keith and
Georgia LaBelle. These were against Keyes Construction Co., spraypainting at the Public Works
building, wherein the claimants' cars, prked in the Public Works building parking lot, were covered
with the spray paint. These were referred to the City Clerk for processing. .
MEETING WITH AMENITIES DESIGN BOARD
MOTION: A motion was made by Councilman Gellert, seconded by Councilwoman Bruns that Council meet with
the Amenities Design Board on August 12.at.work meeting. Motion carried.
EXECUTIVE'SESSION
Mayor Harrison reminded council members of the executive session in his office following the
meeting.
There was no further business, and the meeting adjourned at 10:10 P.M.
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TRUE VARNEY MORAN, Oity Clerk H. H. HARRISON, Mayor
July 29, 1975
ROLL CALL
The regular meeting of the Edmonds City Council -was called to order at 7:30 P.M. by Mayor Harve
Harrison. All council members were present except Anderson, who had notified the City Clerk
that he would be absent on July 29 and August 5.
APPROVAL OF MINUTES
Minutes of the council meeting held on July 22 had been posted, mailed and distributed, and
with no ommissions nor corrections, they were approved as written.
COUNCIL PARTICIPATION
Mayor Harrison brought to council attention the memo he had sent each member. He had noted
that as a result of criticism from citizens.7.�regarding.poor control of the council meetings,
and much debate by council, he was proposing rules of procedure for future council meetings.
He then stated these rules: First, a staff member shall introduce the agenda item and give a
recommendation. Second, the.proponents.in the audience will be given an opportunity to speak.
Third, the opponents will be given an opportunity to speak. Fourth, the public hearing
portion will be closed and each council member will be allowed to speak for a given period of
time. At the conclusion of the time allotment, the council will -be asked to take action.
If no action is taken, the matter will be passed on the agenda without action.
No agenda shall exceed fifteen (15) items. All meetings will adjourn at approximately 11:00
P.M. A time schedule shall be assigned to each item on the agenda. The council participation
will be placed at the bottom of the agenda. Mayor Harrison then said he would appreciate
any comments. Councilwoman Bruns -said she was inclined to disagree -with -the fourth item;
that giving councilr,members a given period of time to speak gives no liberation - each member
makes a speech and that's it. She felt some items require a lot of council participation,
and would prefer being able to have back and forth conversation. Councilwoman Shippen
stated that it was very difficult to assign a specific length of time to any agenda item.
Councilman Gellert felt council needed time to ask questions of the staff many times for
clarification. He also noted that you would find audience time far exceeds council time
taken on agenda items, if you would go through the tapes of council meetings, and some of
the most important subjects on agendas come up under council participation, as well, and
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MOTION:
MOTION:
this item shouldn't be, at the end of the agenda. Councilman Nordquist noted that the council
participation item had.not been on agendas years ago, and he had asked that this be inserted.
Its purpose, he felt, was to place other items on future agendas, instead of discussing them
when intorudced. Hey:?added that many verbal problems brought up under this itme could be
solved by a memorandum to a staff member4i.,asking for an explanation. He said he would
welcome better control of meetings, and offered a run-down on lengths of past meetings,
showing his reason for preferring a format to shorten meetins. Councilman Welling said
he was in favor.of the time-honored opportunity for citizens to come in and raise a ruckus;
that Edmonds was known for this at its council meetings, and he was in favor -of it. He
would not want to put a "gag" or time limit on people. Councilman Clement stated that council
meetings were the only chance council members had to meet and talk together, as nothing
else is legal; and council needs time to deliberate. Following some further discussion,
Mayor Harrison stated that perhaps council should try to stick to this format as much as
possible; allow some time to discuss, but if discussion goes on indefinitely, they will
pass on the item without action, He added that the city staff can help with the number of
agenda items being limited.
Mayor Harrison said that he had invited Chet Bennett Ito speak to council on recent findings
regarding the moving of the log cabin. Chet advised that we are looking at only days in
which to remove this, as the road must be put in. He said that he had recommended to the
.Park Board, and was now recommending to.council that the cabin be placed at the location
next to the museum, where the Chamber of Commerce building now stands. He noted that bids
on cost of moving the structure had been placed at.$3000 and $3500Q The foundation for
it could be put in at no cost with help from local citizens, and the whole thingo would
be done well within the citycPs budget. He advised that a number of people had offered help,
and are really excited about this. Chet then asked council for a motion to waive the necessity
for review by the ADB. There followed some discussion. Councilman Gellert stated that he
would be concerned with by-passing the.Amenities Design Board, and would prefer taking
this before them. The matter was then discussed, and it was determined that the Board
would meet on August 6. Chet advised.thatthe moving.of this cabin was a matter of timing.
Rod Garretson agreed, and it was then offered that the Building Dept. could issue a
moving permit subject to the approval of the ADB. Chet offered to take this item to the
ADB members, as this.cabin needs to be out of its present location by Tuesday or Wednesday
of next week. It was decided that the ADB would be called to meet on this subject. A
motion was made by Councilman Nordquist, seconded by Councilman Clement to authorize the
moving of the log cabin to the location next to the museum as suggested, subject to the
approvk1l of the Amenities Design Board. Motion carried.
Councilwoman Shippen gave a brief explanation ofthe two ordinances regarding Housing and
Community Development, and the Interlocal Agreement and proposed new interlocal agreement.
She had supplied council with copies so they can compare them. -
Councilman Gellert brought up the question of the.,June 30 Claims Approval Register and
one item to. West CoastConstruction Co. in the amount of $156,642 being under a "miscell-
aneous" category. He felt this was a strange category for such a sum. Engineer Dick Allen
explained that this was a payment on -.the 220th UAB project.
Councilman Gellert also mentioned the notice all council members had received from Earl
Torgeson regarding public transportation to benefit this area. He noted that the 8 steps
seemed to be fine, except for step number 7, where -the three.County Commissioners could
disband the whole thingeafter everyone had gone to a great deal of work to create it. It
was pointed out that this was not anuncommon proviso. The letter asked for a representa-
tive from the city to attend the August 27 meeting. This was discussed, and a motion was then
made by Councilman Gellert, seconded by Councilwoman Bruns that the City Attorney prepare
a Resolution nominating Phil Clement as the city's representative, with John Nordquist as
the first alternate. Motion carried.
Councilman Nordquist stated that he wished to voice his opinion on the letter he received
from Apex Garbage Company, regarding the miscellaneous charges to each customer. Councilman
Clement also,received the miscellaneous charge on his billing, but felt the following letter
adequately explained ito
Councilwoman Bruns reported that at the meeting of July 23, the Park Advisory Board had
expressed concern over the motion the.council had,made on the proposal #2 regarding the
trees at the 7th and Elm property. They felt that a precedent might be set because other
people have asked about tree removal. She also advised council that the Park Board would
like an,appointment being made by the city to theJunior High Exploratory Committee. There
followed discussion on the Elm and 7th tree removal. Herb Gilbo reported that an estimate
from a tree service company was from $1500 to $2000. Rod defined the tall clump of trees
as being the ones to be taken out. He said it, could -be done in a day or two, and told
council that some money is already deposited in the City Clerk's office for the trees.
Councilman Welling said, he was concerned as to where the city money was coming from.. Mayor
Harrison advised that city crews will cut.down the trees, not to exceed a 2 day period,
with the Park Dept. furnishing supervision. A man in.the audience told the council that
he had purchased a house on 7th recently and he was concerned about the p6ssibility
of earth slides in his area, and he would like a soil test done because of the slope above
his property. Director Rod Garretson reported that the County did take a soil test in
serveral holes.
CORRESPOnIDENCE
The City Clerk read 'a letter from.Merle.Steinman, requesting the necessary hearing before
council on.Steinmans Meadowdale Estates, and suggesting the date of August 5.. The matter
had been approved at the Planning Commission hearing.. It was noted thatdue to improper
filing etc. this.had been held up during Planning Commission handling, and the city was
MOTION: notresponsible for the delays. Councilman Gellert then made a motion, seconded by Councilman
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Nordquist that the hearing on.the plat of Meadowdale Estates be set,for the August 19
agenda. Motion carried. "
REPORT ON BIDS FOR FIRE STATION #2 ALTERATIONS
Mayor Harrison reported that bids had been opened on July 24 for alterations to Fire Station
#2. One bid was submitted, by Paul Roy in the amount of $7,841.40, including sales tax..
The City Engineer had reported.thatthe bid was reasonalbe and below the estimate, and
MOTION: therefore recommended -'acceptance. It was moved by. Councilman Nordquist,-seconded by
Councilman Gellert that the bid for Fire Station $2;.alterations be awarded to Paul Roy for
$7,841.40, including tax, and the Mayor be authorized -to sign the contract. Motion carried.
APPROVAL OF TEMPORARY CONCESSION PERMITS FM BICENTENNIAL WEEKEND
The City Clerk had received temporary concession applications from four applicants, and
reported that all had the necessary proof of insurance., approval of the Fire and Police
Departments, and she recommended approval.
MOTION: A motion was made by Councilman Nordquist, seconded by Councilwoman Shippen to approve the
.temporary concession permits for Candy Cove, Ed -Lyn -Mont Cystic Fibrosis, Edmonds/South
Snohomish County Historical Society, and the Bicentennial Committee for the Bicentennial
weekend. Motion carried.
APPOINTMENT OF B. GRAY WARNER AS A "TEMPORARY JUDGE,PRO-TEM".
Mayor Harrison explained that due to circumstances regarding a particular case to be
MOTION: heard on August 5, he would make the appointment of B., Gray Warner as temporary judge
pro-tem for this time. Councilman Nordquist moved, seconded by Councilwoman Bruns to
confirm the Mayor's appointment of B. Gray Warner, and the motion carried.
DISCUSSION OF BUILDING HEIGHT AMENDMENT
City,Planner JOE Wallis briefed council on the history, of the height ordinance. On Novembbr-_-
26, 1974 council had passed the ordinance. On May 23, 1975 the Planning Commission heard a
proposed reconsideration, which came before the council again on June 17, and which the
-council again on June 17, and which the council postponed to July 29. Joe stated that he
felt the last proposal restricts the property owner on building if the lot is high on one
side and low on the other. There.fo,llowed.discussion on views, sloping versus flat lots
for building, etc. Harry Whitcutt told council that the inequity should be corrected, and
relate the height to the level around the building itself instead of to the whole lot. He
said he would recommend passage of the amendment. Mayor Harrison noted that the city has
no responsibility to protect individual views; that -the property owners can purchase land
and then place covenants on it before reselling it for building purposes. Councilman Welling
stated that he felt the city should have some policy to follow. Harry Whticutt suggested
the possibility of cutting the limit down from the 30 ft. height, and Councilman Welling agreed
this might be done and the builder could go before the Board of Adjustment if a variance on
height was needed. Councilman Gellert said he would support this proposal. It was noted
that since the present ordinance had been in effect, (several months), there have been extra
requests for variances. Joe Wallis said reducing the height to about 25 ft. would be appro-
MOTION: priate. There was more discussion, and it was then moved by Councilman Gellert, seconded
by Councilman Clement to refer to the Planning Commission the consideration of lowering the
maximum building height in the RS zones. Motion carried.
MOTION: A motion was then made by Councilman Gellert, seconded by Councilwoman Bruns to continue
this agenda item to September 23, 1975. Motion carried.
DISCUSSION RE/SAUNA PARLORS
A letter had been received from Attorney John Wallace regarding a review of the regulations
on sauna parlor ordinances in Lynnwood, Mountlake Terrace, Snohomish Court -by, as compared
to Edmonds. The letter was sent to the Mayor and each council member and included rec-
ommendations from the Police Dept. and the Attorney's own comments.
It was noted that other jurisdictions have changed their ordinances on sauna parlors, and
with Edmonds' lower fees, we do not wish to create an attractive atmosphere for thine to
move into our city. There followed discussion on the present method of licensing, reg-
ulations, necessity for pictures on the licenses, etc. Councilman Welling said he still
felt thereshould be allowance made for a special commercial zone for these parlors in the
downtown area where it would be easy to keep track of them.
MOTION: Councilman.Nordquist made the motion, seconded by Councilman Clement to instruct the
City Attorney to prepare an ordinance based onthe Police Chief's recommendations and the
Attorney's recommendations outlined in the letter on file, with a yearly physical exam
at the time of the annual application required under item #3. The motion carried:
DISCUSSION ON BORROWING FROM WATER%SEWER FUNDS FOR TALBOT ROAD
Mayor Harrison reported that in regard to the monies for Talbot Road, $55,000 was available
from the Street Arterial fund; $86, 000 was the new estimate, including storm drainage;
leaving a $31,000 deficit. $15,000 can be used from the Water/Sewer M & 0 annual budget,
leaving a $16,000 deficit to be borrowed from Water Revenue Bonds. Since it is necessary
to develop engineering plans and call for specifications, add $4,000 for this work. The
Mayor then recommended borrowing the sum of $20,000 from the Water Revenue Bond Construc-
tion fund. Discussion followed. Engineer Dick Allen explained that to prepare plans and
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design would give a better dollar value for putting in this project. He stated that this
could be done this year, except for possible railroad negotiations. Councilman Clement said
he would vote for this project only if it is to be done this year.
MOTION: A motion was made by Councilwoman Bruns, seconded by.Councilwoman Shippen to proceed with
the Talbot Road paving and storm sewer project by borrowing thesum of $20,000 from the Water
Revenue Bond fund. *A roll -call vote was taken, with Council members Gellert, Shippen,
Nordquist and Bruns in favor; Welling and Clement against, and the motion carried.
CLAIMS FOR DAMAGES
A claim for damages was'acknowledged from Margaret Hill, for spraying of her car by the
contractor at the Public Works building, while the car was in the parking lot during working
hours. This,was referred to the CityClerk for processing.
ADJOURNMENT
There was no further business on the agenda, and the meeting was adjourned at 9:30 P.M.
EXECUTIVE SESSION
Mayor Harrison asked council to retire to his officefor an executive session called by
the City Attorney, James Murphy.
IRENE VARNEY MORW City Clerk
August 5, 1975
ROLL CALL
H. H.. HARRISON, Mayor
The regular meeting of the Edmonds City Council'was called to order at 7:30 P.M. by Mayor
Harve Harrison. All council members were present except Anderson, who had notified the
City Clerk that he would be absent on July 29 and August 5.
APPROVAL OF MINUTES
Minutes of the meeting of July 29 had been posted, mailed and distributed, Councilman
Gellert said that with regard to the item on page 1 concerning council agendas, no action
was taken and this should be noted in the minutes. Councilman Nordquist said that in that
event, the agendas should be left as they were, but noted that the Council Participation is
on the bottom of the agenda. 'Mayor Harrison suggested that it remain so for the next few
meetings to see how things work out. The minutes were then approved.
AUDIENCE PARTICIPATION
Mayor Harrison noted that the ladies of the Senior Center have remodeled our city flag and
he thanked them for doing this, and will send a letter to that effect.
Wayne Hall called to the attention of the Mayor and Council an apportunity to take advantage
of awards that will be made by the Washington State Bicentennial Commission for tree -planting,
beautification and conservation projects. Copies of a letter sent to Dr. Hall from the Office
of the'Secretary of State outlining this project were provided to the council. Dr. Hall thought
some of the ongoing projects in the city could qualify for some of these funds. He pointed out
that the application will have to go into the Secretary of State's Office by August 25th. He.
also noted that they will count heavily on local participation. The Mayor has submitted a list
of projects that range from $140 to $10,500. This list was given to the Deputy City Clerk and
she will provide copies for the council members. Dr. Hall mentioned further that whenever they
give funds they give it on a matching basis, and the matching basis can either be money or in -
kind. It was also noted that it is hoped that contracts for this will be signed by October 15th.
Councilman Gellert suggested that the watershed property might be considered. Councilwoman
Shippen, however, thought that.this would be too local a project and suggested the 5th Avenue
project. Mary.Anne Gipson, a member of the Beautfication Committee,- thought this would be a
MOTION: beautifixl'opportunity to get the trees for the 5th Avenue improvement. Councilman Nordquist
moved to place this item on the agenda next week for consideration and selection of a project
from the list provided. Councilwoman Shippen seconded the motion. Motion carried. Councilman
Gellert suggested that the Park Department be notified that this will be on the agenda and Mrs.
Gipson will let the Beautification Committee know.
Mayor Harrison announced that there will be no primary election in the City of Edmonds this
year as there were no more than two condidates for each office.
CORRESPONDENCE
Mayor -Harrison announced that a resolution has been prepared in connection with action taken
by the Council last week appointing Phil Clement to represent the city at the transportation
conference in Everetton the 27th of August. Councilman Nordquist was appointed first alternate.
MOTION: Councilman Nordquist moved, seconded by Councilwoman Shippen to pass Resolution #339 appointing
Phil Clement to the Public Transportation Conference in Everett. Motion Carried.
HEARINGS:. ON�PROPOSED UNDERGROUND LID AND SIDEWALK IMPROVEMENT - 5TH AVENUE S.
Assistant City Engineer, Dick Allen, stated that this is actually two projects. One is for the
undergrounding of the wiring and the other for the sidewalk improvement. He distributed maps of