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19730313 City Council MinutesMarch 13, 1973 • 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. APPROVAL OF MINUTES Minutes of the council meeting of March 6 had been posted, mailed and dis- tributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Nelson mentioned the coming trip to Japan which the Mayor will make, along with a group of Edmonds people, and establish our sister city \, relationship with Himiji. He asked what the situation was at this point, and if there were many_people going. Mayor Harrison replied that the trip was open to anyone who wished to go, and he knew of a couple of people who were considering it. Councilman Nelson felt that publicity about the trip might help to enlarge the group. Councilwoman Shippen said that all council members had received a preliminary draft of the proposed Ethics Ordinance, and felt this should be taken up at a meeting in the near future. She therefore moved, seconded by Councilman Gellert to set April 24 as the date for a hearing on the proposed Ethics Ordinance, and the motion carried. Councilman Nelson said he was not sure if the people who wished to be candidates for the vacant council position knew about this Ethics Code, and it was decided to make them aware of it on Saturday when each'.is interviewed. Councilman Nordquist, who had arrived shortly after the Approval of Minutes, brought to council attention on Page 3 of the March 6 minutes the motion by Councilman Gellert wherein he asked for passage of Ordinance 1647. Council- man Nordquist said he was a little concerned about the 10% mentioned of the total project cost, and wondered if this was correct, as he thought he was seconding a motion which included the laterals. Attorney John Wallace replied that the ordinance as drafted and passed included the laterals. Councilman Tuson asked the City Engineer if there were in fact 20 laterals, and Engineer Larson replied yes, there were 20. Councilman Gellert verified that he meant 10% including the laterals. Councilman Nordquist stated that he thought the City Clerk.and Deputy City Clerk should be commended for their taking of the minutes of the council meetings, sometimes under difficult and coiifusing:-situatibns. He said he would like to suggest a small booklet be created for council use, giving among other things, proper wording of motions, number of votes required to pass ordinances, and 'a breakdown of various pertinent subjects pertaining to council meetings, etc. Councilman Nordquist then advised council that Mountlake Terrace would be considering 224th at their next Monday meeting, and he would like to see 224th barricaded at the city limits. City Engineer Leif Larson advised that he would have information for council at the next meeting. Councilman Nordquist, speaking in regard to the interviewing of council applicants on Saturday, the 17th, suggested a breakfast meeting of Mayor and Council at the Pancake Haus at 9:00 A.M., and thought a procedure should be decided upon. He felt that candidates could be interviewed in small groups of three. Councilman Gellert, however, said he would prefer a procedure where the entire council would meet the candidates all at once. Councilman Nelson said he could see advantages in the whole council interviewing each candidate so that answers to any questions asked would be heard by all at once. He added that he personally liked the idea of each councilmember asking one question of each candidate in turn. Councilman Gellert asked Attorney Wallace if it was permissible to have a Mayor's breakfast, and was advised that this would be perfectly alright as long as no city business was conducted. It was decided to interview all candidates at one half hour intervals, beginning at 10:00 A.M. at the Civic Center, and the Mayor was asked to set up these appointments. - Councilman Tuson stated that Dewey Leyda had told him about the gas line having been installed just under the blacktop on Dayton, and he felt the city's requirement that this be installed 21-2 feet below.should be enforced for safety reasons. Councilman Tuson asked the City Engineer if he would look into this. Mayor Harrison noted that CAO Ron Whaley would be late arriving for the meeting tonight, since he was giving a talk at the Community College. RESIGNATION FROM, AND APPOINTMENT TO PARK BOARD Mayor Harrison reported having received a letter from Tony Koenig, resigning from the Park Board, effective February 15. 1 • 7 L 1 • 4 2 1 1 • 1 • 1 The Mayor then appointed Pat -Welling, who has been active in civic affairs, to fill this Position #5-which expires September 19, 1977. A motion was made by Councilman Nordquist, seconded by Councilwoman Shippen to confirm the Mayor's appointment of Mrs. Pat Welling to Position #5 on the Park Board, and the motion carried. DISCUSSION ON DOG LICENSING Mayor Harrison brought to council attention his suggestion from the last council meeting on the -thought of amending the animal control ordinance to omit the late licensing penalty. At this point, Councilman Gellert asked about the ABC Clinic and for a report on present conditions there. Chief Foster answered that the Animal Control Officer goes there regularly, and, the place has been cleaned up and is now in good shape. Mayor Harrison then read Section 5.04.040 of the Animal Control ordinance pertaining to fees, due dates, and penalties, and again suggested omitting the late penalty on licenses. Councilman Gellert said if there was no penalty, people might not feel it necessary to get a license in the first place. The Mayor thought perhaps if an unlicensed dog was picked up by the Animal y� Control Officer, this could carry a penalty, but he still felt the late penalty had created some poor public relations. Attorney Wallace, when asked, answered that the 30 day period for obtaining a dog license when moving into the city, or for a new animal, was common in other cities. Councilman Tuson wondered why Edmonds should be any different; that this penalty clause had been in effect for several years; and that people know their dogs must be licensed. Mayor Harrison stated that many times a person might tend to forget that the dog must be licensed before the September deadline, and it was not as easy to remember as a car license at the first of the year, for example. Councilman Nelson said that this brought to mind another idea - how about conforming with the automobile licensing and have dogs licensed the first of the year? Attorney Wallace adivised that this could be done with a minor change .in the ordinance. There was some further discussion, and Chief Foster, when asked for his opinion on this, answered that he would have to check into the license issuance before he could comment. It was then moved by Councilman Nelson, seconded by Councilman Gellert to have the City Administrator and Police Chief study City Code Sections 5.04.030 and 5.04.040 and work on a new draft for these sections of the ordinance on animal control. Motion carried. PROPOSED RESOLUTION FOR SISTER CITY WITH HIMEJI Mayor Harrison read a proposed resolution for sister city relationship with Himeji. This will be brought to the next council meeting after Deputy City Attorney John Wallace has had chance to look it over. AUDIENCE PARTICIPATION Mayor Harrison introduced a group of Girl Scouts from Troop 1467;;: under the leadership of Donna Fish. The Scouts then presented Mayor and Council with a cake decorated with .Girl Scout cookies, in honor of the Girl Scouts' 61st anniversary. Councilman Gellert suggested that perhaps a motion would be in order, and it was therefore moved by Councilman Nordquist, seconded by Coun- cilwoman Shippen that the Mayor and City Council of Edmonds express apprecia- tion to the Girl Scouts of Troop 1467 for this presentation. Motion carried. Mr. Dave Larson told council he had received a letter from the South Snohomish County Joint Planning Council in which it was stated that they found it. difficult to get a quorum for their meetings. The letter mentioned they have $3600 in funds, and it was a question of either reorganizing and becoming active or disbanding and returning the money. Mr. Larson recommended whatever action was needed to disband the Council and have the money returned. It was noted that Edmonds had made monetary contribution to the 701 Program, and after some discussion, a motion was made by -Councilman Nelson, seconded by Councilman Nordquist that the City Attorney be instructed to prepare a Reso- lution on behalf of the City of Edmonds, asking dissolvement of the South Snohomish County Joint Planning Council and all monies presently belonging to that be turned over to Snohomish County Metro. Motion carried. Several members of the Shield Club were present in the audience, and a spokes- woman told council that the members met to study and understand city govern- ment and find out how laws are made, etc. Their advisor was Senior Patrolman Estes of the Edmonds Police Department: They had been studying the curfew law, and finding 10 P.M. not very realistic, they were asking the City Council to change the law from 10 to 11 o'clock. They presented a petition with 500 signatures of students, parents, and others who were interested in having this change made. The Shield Club members felt students should be able to be out after 10 o'clock if their parents allowed this, and argued that school functions were not over until 10 P.M. Mayor Harrison stated that he appreciated the comments and noted that the council had not been approached on this subject before. He asked Police • 424 • Chief Foster how the curfew law is enforced. Chief Foster answered that it is partially family control and he could not say how critical the specific hour is, and could not make any recommendation at this time. It was brought to council attention that this law cannot be rigidly enforced at 10 or 11, but that certainly at 2 or 3 o'clock in the morning it could. Councilman Gellert suggested that perhaps the Shield Club should study the curfew laws in Lynnwood and Mountlake Terrace as a project, and see that some similar standards need to be kept in the entire.area. A woman in the audience, stating that she had three teenagers, told council that she agreed with the Shield Club members. She noted that most theatres do not let out until after 11 P.M. Edmonds Senior Patrolman Ken Estes told council he had been advisor to the Shield Club since January, and he also stated that most activities were not over until 10 or 11 o'clock. Following discussion, it was moved cilman Nelson that this be placed meeting. Motion carried. LIGHTS AT JR. HIGH FOOTBALL FIELD by Councilman Gellert, seconded by Coun- as an agenda item on the June 12 council Councilman Nelson stated that the lights at the Junior High football field had been brought to his attention, and the lighting system has become ex- ,tremely bad. He noted that the city uses this field and perhaps has some obligation in this matter. Following some discussion, it was decided that Herb Gilbo and Rod Garretson should assess the cost for replacing the lights on the field and report back to council with these findings. CORRESPONDENCE A letter was read from Leo M. Lehman of Apex Garbage Company, Inc. noting a transfer of stock and formation of a separate corporation for the Transfer Station with Northwest Garbage Company and Sound Disposal. He noted that -hopefully they would have the transfer station finished by the middle of the summer, and in the meantime stated that they would to willing bo bring a truck down to the Fire Department until the transfer site is finished. He said that due to the fact that their time is quite limited, they would have to ask the city employees to handle the dump trip, etc. HEARING: APPEAL FROM ENGINEERING REQUIREMENTS UNDER S-38-72 Hearing had been continued from March 6 on an appeal of Bennett Box and Howard Parrett from the engineering requirements under S-38-72. Mayor Harrison opened the hearing. Bennett Box, 403 Main Street, stated that the Planning Commission had been petitioned for a subdivision of 55,000 square feet of property off 88th at the top of Shell Valley in an RS-8 zone. The City Planner had made the recommendation to the Planning Commission for dedication of a 100 feet long and 25 feet wide strip on the easterly side of his property. This was to make a culdesac which the property owners objected to. They were also to dedicate a 30' strip for street and park purposes in the Valley. Mr. Box said he thought this was poor planning to run a culdesac and take out Mrs. Espeland's front porch, and require Mr. Box to give the city a desired improvement with no benefit to him. He said the culdesac off 88th P1. W. would destroy the atmosphere of the neighborhood as well. City Engineeer Leif Larson explained it had been the policy -'of the city to require dedication for future streets as properties were improved and devel- oped. Mr. Box, however, felt the culdesac turnaround was poor planning and would encourage people to drive down and turn around. Councilwoman Shippen asked about private covenants that these lots would not be subdivided further, and Mr. Box answered that there were none, but that from a practical stand- point, they ppobably would not be further divided. Dave Larson, who also owns property in this vicinity, spoke in support of Mr. Box' appeal. He said he thought -it was an unreasonable amount of land to be required for this lot. He added that most dedications are for reason ably forseen streets, but that there was no possibility that 88th Place would be extended to the bottom of the ravine - a drop of approximately 70 ft., making this an unreasonable requirement at 'the present time. Mr. Larson noted that there would be plenty of time to require access when the rest of the area is developed, and in fact, at this time the city might be picking up a police problem. Muriel Medina, a local realtor, spoke in support of Mr. Box' petition.. She stated it was a hardship to property owners to meet these requirements, and the city should differentiate between a single owner and a developer. She felt if the city needed streets which were absolutely essential, they should be prepared to pay for the property. There'was a great deal of discussion on the formerly proposed Shell Valley street system which council had not accepted, etc. There were no further comments from the audience, and the hearing was closed. I • 1 1 1 • • 4 2 5. Councilman Winters made a motion that the two street dedications be vacated, since in both bases he felt more was required than necessary. Councilman Nelson asked if both of Mr. Box' objections could be taken separately. Councilman Winters then restated his motion that the dedication off 88th be vacated and the culdesac deleted, being deletion of the Engineer's require- ment of the 25' R/W. This motion died for lack of a second. Councilman Nordquist then made a motion that based on previous action of the Planning Commission, City Council, and Engineering requirements, the council deny the appeal on the 30' dedication strip for street and park purposes in Shell Valley.- This motion was seconded by Councilman Nelson. Mayor Harrison noted that property owners should petition the council to eliminate the road system in Shell Valley, if they so desired. Councilwoman Shippen stated that she would vote against this motion; that she didn't agree with Mr. Box when he said the city was taking property without cause; but that the Valley is shown on the Comprehensive Plan as a park and she felt street development should be inhibited there. On call for the question, a roll call vote was taken, and the motion carried with Councilwoman Shippen and Councilman Winters voting against. Councilman Gellert then moved, seconded by Councilman Nelson that the matter of the dedication for extension of 88th (culdesac) be sent back to the Plan- ning Commission for further study. This motion carried. RELEASE OF PORTION OF FIVE CORNERS MORATORIUM AREA City Engineer Leif Larson explained that the moratorium placed on the Five • Corners area for plats and subdivisions by -council action in June 1967 was until storm drainage problems could be corrected. He reported that storm sewer construction has now been completed in the area south of 200th, and he therefore requested that the moratorium be lifted for that area south of 200th, but remain on the area to the north until such time as financing is available for completion of the storm sewer system. It was therefore moved by Councilman Tuson, seconded by Councilman Nordquist that the moratorium be lifted in the area designated by the City Engineer, and the motion carried. SECOND READING: PROPOSED ORDINANCE FOR FIRE ZONE CHANGE Second reading of the proposed ordinance for Fire Zone change had been con- tinued from the March 6 council meeting. It was moved by Councilman Nelson, seconded by Councilman Gellert that pro- posed Ordinance #1649 be passed, repealing Chapter 10.08 of the Edmonds City Code and Ordinance #835 and creating a new chapter to establish Fire Zones II and III to certain occupancies as defined in the Uniform Building Code. Motion carried. Councilman Nelson stated that he was -looking forward to the new Fire Zoning to allow improvements to be made to buildings without sacrificing safety;,. and he commended the Fire Chief and Building Inspector for going along with this change. AUTHORIZATION TO CALL FOR BIDS FOR PURCHASE OF MOWER • Director of Maintenance and Operations, Herb Gilbo, told council that this purchase would'be a replacement of a 1957 model, and would consist of a mower, tractor and rear mounted broom. He advised that there was $11,000 in the budget for this particular item. A motion was made by Councilman Gellert, seconded by Councilman Tuson to authorize a call for bids on this mower, preferably on the specifications allowing competitive bids. Motion carried. Mr. Gilbo then introduced his wife, Rita, to council. ACCEPTANCE OF 100th AVE., PHASE II, UAB City Engineer Leif Larson reported that both county and city engineers had inspected the project, and he recommended acceptance of the UAB project on 100th Avenue W., Phase II, by Knowles Construction Co. for the purpose of establishing the 30-day retainage period. A motion was made by Councilman Nordquist, seconded by Councilwoman Shippen that council accept the project as noted. Motion carried. In regard to the acceptance of storm sewers in the Five Corners area by Knowles Construction Company, for the purpose of establishing the 30-day retainage period: Upon recommendation of the City Engineer, it was moved and seconded that this item be placed on the March 20 council agenda. STREET VACATION PETITION REPORT = VICINITY OF 238th AND 80th A petition had been received, signed by owners of two-thirds of the real 0 4 ry 4'26 property abutting upon that public street known as the South 90 feet of the East 30 feet of Lot 2, Block 2, Fruitland Acres, for vacation of this R/W. City Engineer Leif Larson noted that in 1962 a subdivision was approved with the condition of granting a 30-foot right-of-way for street purposes. He stated that Mr. Bosma, property owner at the end of this 30-foot R/W, is the individual most interested in having this vacation. However, the City Engineer recommended considering vacation of the entire 30-foot strip, as he could see no reason for this being a city street. It was therefore moved by Councilman Nelson, seconded by Councilman Nordquist to instruct the City Attorney to prepare a Resolution for the proposed vacation of this right-of-way, setting the date for hearing on the petition for April 24, Motion carried. CONSIDERATION OF PARTICIPATION IN SNOHOMISH COUNTY POLICE SERVICES Police Chief Marlo Foster reported to council with a brief review of the history of the Snohomish County Police Services. He noted that it had been started in 1970, a survey taken in 1971, and had been somewhat of an up and down project since. It was in an upsurge now, and he stated that the SNOCOM Board had met and recommended the city join on the interlocal agree- ment, but not commit money until a later date. The Attorney had briefly studied the agreement, and advised that he had some reservations at this point until he could study it further. It was noted that to date, the percentage needed to activate the Services program was more than adequate, but Edmonds had not as yet participated, • and the agreement will be filed immediately, according to a communication received from Herman Van Lier, the Director of Police Staff and Auxiliary Services Center. Chief Foster, in a memo, stated that he had recommended originally that the City of Edmonds participate in the agency because of anticipated upgrading in radio equipment, which would offset the expense to the city. When Chief Foster was advised that the previous quoted figures were in error and the cost increased, and had insufficient infor- mation to justify the increased spending, he requested additional informa- tion. Chief Foster then requested that the SNOCOM Board hear a presentation by the Acting Director of SCOPE. At this meeting on March 12th, the SNOCOM Board recommended to each.participating agency,that each enter in the Interlocal Agreement for Snohomish County Center for Staff and Auxiliary Services, but that the participation and cost for subsequent services be considered only upon receiving a further recommendation from the SNOCOM Board of Directors. That, then, was Chief Foster's recommendation. A memo from Fire Chief Jack Cooper stated his concurrence with the recom- mendations of Chief Foster and the SNOCOM Board. He remarked that as of this date, Mr. Van Lier had not made contact with the Fire Service to dis- cuss the communications program into which they desire to.enter. CAO Ron Whaley advised council that he had volunteered to be on the -Budget Committee of this Police Services, and that at this time he would concur with the heretofore stated recommendations. There was a great deal of council discussion. It was felt that if signing the agreement meant comitting Edmonds to expenditures of money, we should be hesitant to sign without further study. Chief Foster remarked that we might prefer to stay out of the records and communications areas of this • program. Councilman Gellert stated that he was the only member of the SNOCOM Board to vote against the recommendation: He said he did not feel this would benefit Edmonds much. It was felt that this was mostly for the north part of the county; he believed that better records could be obtained from SEAKING than from SCOPE, and'that it would be duplication of services. He told council that the money and presentation was vague, and he didn't feel we should rush into something without further information and study. Councilman Nelson stated that Edmonds didn't rush into SNOCOM, and in the case of SCOPE, he didn't feel qualified to vote intelligently on this tonight. Councilman Gellert made a motion, seconded by Councilman Tuson to postpone consideration of Edmonds' participation in SCOPE until the March 27 council meeting, and request the Mayor or CAO to communicate with the County Com- missioners to ask for a delay until Edmonds can be supplied with additional information. CAO Whaley noted that they already have enough of a percentage to proceed without Edmonds' participation. On call for the question, the motion carried with Councilwoman Shippen voting against. REQUEST FOR EXECUTIVE SESSION Mayor Harrison asked council to please attend an executive session immediately following this meeting for a 10 or 15 minute briefing on union negotiations. 0 • 42A. The Mayor then invited those in the audience to join council in the Mayor's office to partake of the cake presented earlier by the Girl Scouts. There was no further business, and the meeting adjourned at 10:05 P.M. Irene Varney Moifan, City Clerk Harve H. Harrison, Mayor March 20, 1973 ROLL CALL 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 except Gellert, who arrived at 8:25. APPROVAL OF MINUTES Minutes of the council meeting of March 13 had been posted, mailed and distributed. Mayor Harrison noted that on Page 3 under Audience Parti- cipation, second paragraph, the sentence "It was noted that Edmonds had made monetary contribution to the 701 program..' should be changed to read "It was noted that Edmonds had not made monetary contribution to the 701 Program....". There were no other omissions nor corrections, and the minutes were approved as corrected. • COUNCIL PARTICIPATION Councilwoman Shippen mentioned that Councilman Nordquist had -told her that he had heard her editorializing on radio again today. She commented that the Mayor had appointed two women to serve the city, and she wanted to thank him. FINAL PLAT OF WESTMONT VIEW, DIVISION I City Engineer Leif Larson explained that this had been the old Johnson - Miller plat which.council had previously approved in its preliminary form, subject to Planning and Engineering requirements. It is located in the Meadowdale area, north of 164th and east of 72nd. Authorization was now being requested to proceed in two Divisions, I and II. Engineer Larson reported that they had worked out the utility plans on this Division I, and he had no objections to the divisions. He therefore recommended approval of Division I at this time. There was some discussion, and a motion was then made by Councilman Nordquist, seconded by Councilman Tuson that council approve the final plat of Westmont View, Division I, subject to the engineering requirements, and the motion carried. MOUNTLAKE TERRACE REPORT ON SECONDARY SEWER TREATMENT FOR PROPOSED MOUNTLAKE TERRACE INDUSTRIAL PARK City Engineer Leif Larson reported on the secondary sewage treatment re- quirement in connection with the proposed Mountlake Terrace Industrial Park. He stated that the Environmental Protection Agency had advised the City of Edmonds that it would require a resolution to upgrade its sewage treatment facilities as required by law no later than July 1, 1977. The basis for this requirement is Public Law 92-500, Federal Water Pollution Control Act Amendment of 1972. Engineer Larson noted that the definition of "secondary treatment" has not been made available by the Federal Government, and he therefore had held any action in abeyance pending obtaining of a definition. Although he was not sure what the federal requirements will be, he stated that perhaps the city could pass a resolution with the idea of getting our requirements known and get on a priority list for federal funding. The federal share for new projects for fiscal year 1973-75 shall be 75% and the state share 15%, making the total 90% participation in secondary treatment facilities. There was discussion on whether or not there would be this requirement without the Industrial Park, and it was thought that perhaps this was one way to force an indicat-i6n- from Edmonds to plan for secondary treat- ment. It was noted that Mountlake Terrace would participate in any costs inar-ccordance with the Edmonds -Mountlake Terrace Sewer Agreement. Councilman Tuson.inquired if Edmonds would be pushed by the Environmental Protection Agency for this secondary treatment if it were not for the Industrial Park in Mountlake Terrace. Engineer Larson answered that Edmonds would probably have the waste treatment facilities reviewed for adequacy, and secondary treatment would eventually be necessary. 0