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19750923 City Council MinutesI September 23, 1975 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. in the Council Chambers at the Edmonds Civic Center. All council members were present except Shippen, Clement and Gellert, who had all.notified the City Clerk. APPROVAL OF MINUTES The minutes of the meeting of September 16, 1975 had been posted, distributed and mailed. There being no omissions, nor corrections, the minutes were approved as written.' COUNCIL PARTICIPATION Councilman. Anderson mentioned that there had been a seious accident in front, of the.Meadowdale Senior High School last Friday. He thought perhaps.it would be a good -idea to review the traffic signs and MOTION: markers around schools. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT THE PUBLIC WORKS DIRECTOR, ENGINEER AND POLICE CHIEF JOINTLY REVIEW THE TRAFFIC PATTERNS, CROSSWALKS AND SIGNING ADJACENT TO ALL OUR SCHOOLS''IN THE CITY TO BE SURE THAT THEY ARE APPROPRIATE AND AS SAFE AS POSSIBLE AND REPORT -BACK TO THE COUNCIL ON.00TOBER 21ST. .CARRIED. Councilman Anderson said that two girls were severely injured and there was no crosswalk there.' Councilman. Nordquist said that he had noted in the September'15th issue of the Everett Herald that the City of Snohomish was issueda block grant"for'.the installation of sidewalks. He said this was appar- ently.put out by the Housing and Community Development Act Block Grant Program. 'He wondered if we had ever looked into something like this. He said we have many sidewalks downtown that need repair, so he asked the Mayor to have his assistant look into this.. -The Mayor said this might be the same program • whereby the City of Edmonds received funds for the Senior Center. Councilman Nordquist.said that there has been some interest ina professional football team looking for a corporate home'for the team. He said that he would like to have the City of Edmonds considered. The Mayor said that he had talked to the,Director of Parks and Recreation and he had said that we can MOTION: furnish the housing space, but that -we could not provide'a ball field. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON THAT WE FORWARD A LETTER OVER THE MAYOR'S'SIGNATURE INVITING THEM TO COME AND LOOK OVER THE.SITUATION AND MEET WITH THE CITY OFFICIALS AND DISCUSS THE'POSSIBILITY. MOTION CARRIED, WITH COUNCILWOMAN BRUNS VOTING AGAINST. Mayor Harrison noted that one of the members of the Arts Commission has dropped out. The Mayor asked MOTION: for.council confirmation for the appointment of Howard Duell to replace that member. COUNCILWOMAN BRUNS MOVED, SECONDED BY COUNCILMAN ANDERSON TO CONFIRM THE APPOINTMENT OF HOWARD DUELL:TO THE ARTS COMMISSION AND TO WAIVE THE INTERVIEW REQUIREMENT. MOTION CARRIED. .Mayor Harrison said that he had received a memorandum from the City Planner stating that Mr. Wallis was in receipt of a letter from H. J. Nicholson which requested an appeal of the Amenities Design Board decision on his application NO. ADB-65-75. Mr..Wallis recommended -.hearing the matter before MOTION: the 24th of.October. COUNCILMAN NORDQUIST MOVED,.SECONDED BY COUNCILMAN ANDERSON TO.SET THIS MATTER FOR HEARING ON THE 7TH OF OCTOBER. MOTION CARRIED.' Mayor Harrison said that he. had an application for a beer.license for Skipper's Fish and Chips Restaurant which will be located next to .the ferry dock at 102 Main Street. Police'Chief, Marlo Foster, endorses this as the beer sales will amount to approximately 3116 of gross sales. The opening will be in about 90 days. .;City.Planner, Joe Wallis, said that there.has been an application for review -by the Amenities MOTION: Design Board'of the site plan. 'COUNCILMAN'ANDERSON MOVED', SECONDED BY COUNCILWOMAN BRUNS TO APPROVE THE LIQUORELICENSE APPLICATION FOR SKIPPER'S FISH AND CHIPS. THE MOTION CARRIED, WITH COUNCILMAN NORDQUIST VOTING -AGAINST. - Mayor Harrison asked if the council had noticed the sketch which had been prepared by the City Planner for the remodeling of the Council Chambers: The Mayor said it enhances the dignity of space and provides a better arrangement of seating for audio-visual presentations. This was offered for'council consider- ation. Councilwoman Bruns asked if the council was still elevated as she felt that this arrangement separates the legislators from -the people too much. Mr. Wallis said that the plan is to retain the elevated platform for better visibility from the council point of view as well as the audience. Coun- cilman'Nordquist thought it was a good proposal, but would like to have more'microphones installed. Mayor Harrison announced that.the application the city made through the Bicentennial Committee for trees was not funded. With regard to the Fishing Pier., the_State. Fisheries Department and Reid, Middleton have reached some final decisions on the design'The'problem that still remains.is parking, said the Mayor. Director of Parks and.Recreation, Rod Garretson, had informed the Mayor,that the hard -surfaced parking lot,at the south side of the railroad depot will probably turn into'a metered lot run by a commercial company. This space, then,'could be used by fishermen. Mr.'Garretson has been informed by the -railroad that the large unloading space northwest of Dayton and Railroad Avenue is available for sale at.$2.50/sq. ft. .That would make that space worth about $80,000. Mayor Harrison said that this would'make an ideal parking lot for persons wishing to'use the.Dayton:Street Beach. The Mayor thought'it would be a good idea for the -city to purchase this lot in.some.manner.: The City Engineer'suggested negotiating a long term purchase contract, and said that the State Fisheries Department has $15,000 available for parking. Councilman Welling said that acquisition of this property would improve out access to the beach property. Councilman Nordquist-mentioned the land acjacent to the Maplewood Park. City Attorney, John Wallace, said that a title report has been requested to find out who in fact owns it. 0 33.2 AUDIENCE PARTICIPATION • . Helen Lambe, 630 Alder Street, asked what is happening with the Conquest Center property at 555 Walnut Street. The City Planner said that there have been some inquiries as to whether or not it could be used for a church. Harry Whitcutt, the Building Official, said that he would make inquiries and advise Mrs. Lambe. Chet Bennett thanked the council on behalf*of Mrs. Yarno for the recent action. .He said that he had noted that the Engineer's Office has come up with a fine design for a fence and that this should help solve the problem. ,Mr. Bennett said that he had written a letter.to the Mayor with regard to the Hanley Cabin and said that this project will be completed in a very short time. .He said that they have had very fine coop- eration from the Park Department and the Public Works Department and thanked everyonefor their assis- tance. HEARING: ON PROPOSED ORDINANCE RE SUBSEQUENT DEVELOPMENT OF ADDITIONAL APARTMENT UNITS IN PRE-EXISTING DUPLEX AND/OR APARTMENT BUILDINGS, & COVENANTS RUNNING.WITH THE PROPERTY The City Attorney reported that this ordinance arose out of a number of situations that came to , light at the Building Department as the result of .the many fire inspections done thoughout the city. He said there were a number of apartment united that -had been placed in existing structures over and above what was permitted under the zoning at the time the construction took place. Mr. Wallace said that there have been many discussion between himself, attorneys for the owners and the Building Department Chet Bennett, who was the attorney for one of rthe owners, made the suggestion that a covenant be required to be recorded at the time that the Building ermit is applied for that would run with the land and wound state the number of units that could be constructed under the present zoning. This would then give notice to suboequent purchasers. The hearing was then opened. Chet Bennett stated that this is a remedial ordinance and would help the Building Department and • . would also help people who are buying pre-existing units. He suggested havi-ng n informal meeting with persons now in violation, along with himself,.the City Planner, the Building Official and the Mayor to see what position the city will take with regard to the existing violations. Mr. Bennett said that he would be happy to set up a meeting. Discussion followed, after which the hearing was closed. Councilman Welling wondered if this really would protect the buyer. Mr. Bennett said that with a con- structive notice it would at least be picked up.in.a title report. He said there.is no hardship pro- vision in the ordinance, but according to Mr. Welling's suggestion, Mr. Bennett stated that he would go down to Seattle and get a copy of their ordinance and check their hardship provision. The ordinance will come before council for second reading on October 7th. CONTINUATION OF TERRY'S TOWING MATTER Police Chief, Marlo Foster, briefly reviewed information brought forward during two previous hearings on this matter...He said that one of the main conflicts was the permanence and quality of service and the experience in performing this service. Chief Foster did point out that he did not feel that an answering service was an appropriate address. -He said that the main objection was that the applicant's traffic violation record was extensive.. The Chief said that as of today, Mr. Heston has received a conditional towing license from the City of Seattle. The condition is that he receive no moving cita- tions for one year, of his towing license will be automatically suspended. Chief Foster said that based on the information that was given to the council at the.first meeting, the last meeting on the 9th and ,as of this evening, he re -affirmed his recommendation that the application be denied. Mr. Dimmick, attorney for Mr. Heston, pointed out that Mr. Heston is licensed to -operate a tow truck in the City of Seattle, has a valid Washington State Driver's.License and is licensed to operate a tows. truck in the City of Lynnwood. Mr. Dimmick pointed out to the council that his client has only had two moving violations in the la8t.27 months; a speeding violation in June, 1973 and a speeding violation in Lynnwood on December 20, 1974. He said that the bulk of the record then, is 27 months old. He said that he did not know at what point you lobk at a person and say that he is trying to comply with the • .law, but it cannot go on ad infinitum. Mr. Dimmick said that they would not be in any different pos- ition with Edmonds if the council would wish'to place some kind of restriction in connection with the operation of a tow truck such as Seattle has done. Councilwoman Bruns asked if the conditional permit issued in -Seattle was the result of an appeal. Mr. Dimmick said that he called and asked for an audience to discuss the matter so that he could state his case. Mr. Dimmick said that if a person looks at Mr. Heston's driving record without knowing what he is looking at, you get a bad impression. Mr. Dimmick said that he had pointed out that Mr. Heston just had the two moving violations in the last 27 months, and that the other items are about insurance cancellations, etc. Councilman Nordquist said that the council is concerned about the driving record, but they are also concerned that this is a business man and the responsibility factor. He said that when you look at things like driving without insur- ance, it does not indicate a responsible businessman. Councilman Anderson asked the City Attorney to recite the criteria upon which they must base their decision. The attorney did so. Councilman Welling said that he could not see that the City of Edmonds would derive any benefit from the issurance of a tow.truck operator's license to Mr. Heston. Councilwoman Bruns said that there may be worse traffic records arounds, but maybe not.in a.person who is -making his living in driving a vehicle. Councilman Welling said that this long continued record.of disdain for traffic violations indicates a disdain for the responsibilities involved in operating a vehicle, which carries over to the operation of a tow truck, and he is.therefore not properly qualified under our ordinance to be -.issued a Tow MOTION: Truck Operator's License, and he then, MOVED THAT THE hPPLICATION BE DENIED. COUNCILWOMAN BRUNS SECONDED. THE MOTION CARRIED. REPORT ON: -BIDS OPENED•SEPTEMBER 19 - TALBOT ROAD STORM SEWERS City Engineer, Leif Larson, reported on -the bids which were opened by the City Clerk on September 19th. There were seven bids received, with Excavators, Inc. being the low bidder at $54,628.10 without sales tax. Mr. Larson said that they had checked to see if the city forces could do the work for less. Mr. Larson recommended award to the low bidder as their bid is below the engineer's estimate and the Public Works estimates. The City Engineer said that the company is large and reputable. He pointed out that MOTION: the work would be accomplished in 45 calendar days. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON THAT BASED ON THE ENGINEER'S RECOMMENDATION WE ACCEPT THE BID OF EXCAVATORS, INC. OF KEN - MORE IN THE AMOUNT OF $54,628.10, INCLUSIVE OF SALES TAX. MOTION CARRIED. 33.3 CONTINUATION OF DISCUSSION ON BUILDING HEIGHT AMENDMENT 1 40 The City Planner pointed out that at the July 29th City Council meeting a motion was made to refer this matter to the Planning Commission, and it is on their agenda for tomorrow evening. He said at the present time the allowable building height is 401-, except in RS-20 where it is. 35 feet. He pre- sented charts which indicated the new proposal and explained the mechanics involved in determining the building height. Mayor Harrison commented that every time the city makes things more restrictive we are condemning property without compensation.- He said he questions whether this can hold up. The City Attorney said that this can hold up and is a proper exercise of the police power for the public health and general welfare and safety, and as such, even though it does impose restrictions on the use, because it is under theeexercise for the general welfare,, it does not create a compensable taking. Mr. Wallace said that the use of the police power to restrict buildings as to height, volume to the affect that they have on abutting porperty owners is not tantamount to an inverse condemnation. The Mayor stated that he does not feel that the city should get into the business protecting views and that each individual can protect his own view by purchasing the property and putting a restrictive covenant on it. A lady in the audience said that there has been a home constructed next to her property that is 30' high with a flat roof that restricts view, sunshine, air flow, etc. and she hoped that in situations such�as,this the city would intercede. City Planner, Joe Wallis, pointed out that there is a public hearing on this matter tomorrow evening before the Planning Commission. PROPOSED ORDINANCE LEVYING TAXES FOR 1976 The City Attorney said that this is the annual ordinance which sets the general property taxes for the city and provides for the collection of same. He said that the total is less than last year, as MOTION: one of the bond issues has been retired. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE #1791. MOTION CARRIED. , A MOTION: ACCEPTANCE OF WATER MAINS CONSTRUCTION CONTRACT AS COMPLETE BY DI ORIO CONSTRUCTION COMPANY AND ESTABLISHING A 30 DAY LIEN PERIOD. City Engineer, Leif Larson, sd d that he would recommend continuance of this item until the 7th of October, because there is some restoration work yet to be done by the contractor. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON THAT BASED ON THE ENGINEER'S RECOMMENDATION ITEM #11 BE CONTINUED TO OCTOBER 7TH. MOTION CARRIED. There being no further business, the meeting was adjourned at 9:00 P.M. IRENE VARNEY MORAN, C' y Clerk H. &HARRISON, MAYOR - September 30, 1975 (Work Meeting) ROLL CALL The regular work meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. in the Council Chambers at the Edmonds Civic Center. All council members were present ex- cept Clement and Gellert, who had both notified the City Clerk. APPROVAL OF MINUTES The minutes of the meeting of September 23, 1975 had been posted, distributed and mailed. The Deputy City Clerk noted that on page 2, the item regarding the Fishing Pier should say that the "......unloading space northwest of Dayton and Railroad Avenue is being considered for sale at a probably sales price of $2.50/s.quare foot." 'In the third line from the bottom'in the same paragraph there should be insedrted "and Mr. Garretson said that......". The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilwoman Shippen said that she had noted that Skipper's Fish and Chowder House had been granted a liquor permit for a location on the foot of Main Street. She wondered about the impact on traffic in that location. She asked the City Attorney if there were any provision for council review of a structure of this kind in that location. Mr. Wallace said that the zoning provisions and the Amen- ities Design Board rule in these matters. Mayor Harrison said that he had invited Al Kincaid, President of the Edmonds Chamber of Commerce to report this evening on the auction held on the 27th. Mr. Kincaid said the. the Chamber would like to express its thanks to members of the council and the administrative staff for the help on the auction. He said that they made more than they did in.the previous two years. He'said that he would like the council to consider two propositions. He said that they have'about $600.00 that they could use for two projects in the downtown area. One of the items was the improvement of the fountain at 5th & Main and the other was the possibility of installing a bench somewhere in the vicinity of 5th and Main. Mr. Kincaid also reported that the Hanley Cabin will be ready within the next 30 to 60 days. The fountain and bench item was discussed briefly with Mr. Kincaid saying that he will be looking into the cost of concrete benches within the next few days. COUNCILMAN NORD- QUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PLACE THIS ITEM ON THE AGENDA FOR OCTOBER 21ST FOR CONSIDERATION AND ACTION. Mr. Kincaid said that theywould like to have a decision as soon as possible so that they can make arrangements for the Christmas Season. MOTION.CARRIED. Mayor Harrison said thas he had received a request. -,from the PACC that the council hold a hearing MOTION: on the consideration of the creation of a recreation district. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN BRUNS TO DISCUSS THE POSSIBILITY OF CREATING A RECREATION DISTRICT ON THE 14TH OF OCTOBER. CARRIED.