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19760113 City Council Minutes371 • January 13, 1976 OATHS OF OFFICE Judge Dick Thorpe administered the oath of office to Mayor Harrison, and Councilmen John Nordquist, Philip Clement, Ramon Gould, and Michael Herb. Mayor Harve.Harrison then stated that it was an appropriate time for a few short remarks. He said this is the time to say goodbye to the two members of the city council who have served the city well and have become good friends. "I want to express my appreciation to Natalie and Norma for a job well done, and I wish you both success in your future endeavors. This is also a time to welcome our three new council members, who have great promise for legislative leadership. Joining the council are Tom Carns, a businessman; Mike Herb, a lawyer; and Ray Gould, an engineer. These men will help give the policy making body a broad base of expertise. At this time I would also like to express my appreci- ation to the citizenry for their recent vote of confidence, and I hope the next four years to work cooperatively with the city council and guide the city to an even better environment than now exists at the present time". Mayor Harrison then said he had some gifts to present to former Counilwomen Natalie Shippen and Norma Bruns, and since Natalie was in the audience, he presented her with a plaque of appreciation for ser- vice to the city and her nameplate which had been on the board for the past four years. He had the same gifts for Norma. ROLL CALL The regular work meeting of the Edmonds City Council was then called to order by Mayor Harve Harrison. Roll call showed all council members present. APPROVAL OF MINUTES • Minutes of the meeting of January 6 had been posted, mailed and distributed. Councilman Anderson asked that on page 1 under council participation, seconded paragraph from the bottom, the discussion on the setback structures should be clarified by referring to LaGracia. Councilman Gellert said he felt that in the Steinman matter, council had agreed with his motion to close off all traffic as an interim stopgap measure, and that they still wished a legal report from the Attorney as had been stated before the motion. Councilman Gellert also noted that on the subject of the 8'/z x 11 paper, he had meant that in addition to using it in the council packets, that all the city use 8y2 x ll paper on all matters. The minutes were then approved as corrected. APPOINTMENTS TO BOARDS Mayor Harrison made the appointment of Dale Sperry to the Park Board to fill a vacancy. He noted that Mr. Sperry kas a Ballinger resident, lives close to the Ballinger Park, had coached Little League, was interested in all phases of recreation, and was a dental technician by occupation. IT MOTION: WAS MOVED BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN aRNS TO CONFIRM THE MAYOR'S APPOINTMENT OF DALE SPERRY TO THE PARK BOARD. MOTION CARRIED. The Mayor appointed Bill Leraas to Position #1 on the Board of Adjustment, noting that Mr. Leraas MOTION: was a 23 year resident of Edmonds and a Bell Telephone employee. COUNCILMAN'ANDERSON MOVED, SECONDED BY COUNCILMAN CLEMENT TO CONFIRM THE MAYOR'S APPOINTMENT OF BILL LERAAS TO THE BOARD OF ADJUSTMENT. MOTION CARRIED. ' Mayor Harrison then reappointed Councilman Anderson to serve on the Disability Board. Councilman Nordquist noted that the Mayor had resubmitted the names of both Councilman Anderson and Nordquist to the Snohomish Health District, and he stated that they both accepted. • COUNCIL PARTICIPATION Councilman Anderson inquired about the 174th Street right-of-way, and City Engineer Leif Larson answered that he would bring in a vacation request to set for hearing, and this item and the circum- stances regarding the Hinton property will be in writing for council and in the mail this weekend. Councilman Anderson stated that he wished to have his memo to the Mayor, dated January 5thl "regarding the department head salaries read for the record. He then read the following; I am not completely comfortable with the formate we wound up using for evaluating exempt salaries for 1976. I reiterate my statement, I would wish input from you and Ron Whaley. In particular, your blanket statement that "all Department Heads are doing quality work, have good work habits and show a concern for good public relations," does not give me the kind of individual narrative evaluation I need to go along with my own evaluation for salary and performance estimation. I realize there are many facets of the functioning of a Department Head besides his work at Council meetings; I need a summary of these aspects of the employee's performance to go along with my own evaluation. I propose that in 1977 the format include written individual narrative on each Department Head from you and the Mayor's Administrative Assistant, to be discussed with the Council, yourself and Ron Whaley, followed by same format to give each Department Head feedback on the decisions for his own benefit as.wbll as that of the City. -Signed, Robert A. Anderson." Councilman Gellert reported that he had read the item in the Western Sun in ward to SnoCom/SnoPac. He noted that he and Chief Foster were on the SnoCom board, and that the Board had received a letter from the County Commissioners stating that it was thir intention to withdraw from SnoCom during fiscal 1977 if SnoCom and SnoPac are not merged. He noted also that Lynnwood had taken action at their council meeting this week, and felt that Edmonds should write a similar letter,. but couch in cautious terms via the city attorney. There is a single director now for both SnoCom and SnoPac. Following some dis- MOTION: cussion on this matter, IT WAS MOVED BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST TO AUTH- ORIZE THE MAYOR TO WRITE A LETTER TO THE DIRECTOR OF SNOPAC, STATING EDMONDS* INTENTION TO WITHDRAW FROM THE AGENCY IF CONSOLIDATION OF SNOCOM AND SNOPAC IF NOT COMPIE TED BY JANUARY, 1977. MOTION • CARRIED WITH COUNCILMAN GOULD ABSTAINING, AS HE DID NOT FEEL HE HAD ENOUGH INFORMATION ON THE SUBJECT. 372 Councilman Anderson brought up the question of long range parking problems in the ferry loading • area. Noelle Charleson said that the Planning Commission had requested the Planning Department to do a study -in regard to the Boat Loft, but not a comprehensive survey. City Engineer Larson said that the study would probably be done by Vic Sood in connection with public transportation. There followed discussion on funding. Councilman Gellert asked would someone at the next work meeting inform the council what effect the Supreme Court's releasing of the impounded transit funds would have on the City ofEdmonds. It was decided to invite Ken Mueller from Snohomish County Economic Development Administration to the next council work meeting to give a presentation for explanation purposes. Mayor Harrison reported that there would be a dinner meeting on January 22 at 6:30 P.M. at the Frontier Village Restaurant at Lake Stevens for the Association of Snohomish County'Cities and Towns, and he asked who planned to attend. He put a tentative 4 as planning to go to this function. LIQUOR LICENSE APPLICATION Mayor Harrison had received a copy of the application for a liquor license for'Totem House Enterprises, located at 930 Edmonds Way. Police Chief Marlo Foster had recommended approval. There was some MOTION: discussion on the number of establishments in that area with liquor licenses. IT WAS THEN MOVED BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS TO RECOMMEND APPROVAL OF THE CLASS A LIQUOR LICENSE FOR TOTEM HOUSE ENTERPRISES, AND THE MOTION CARRIED. PROPOSAL FOR VACATION OF PORTION OF ELM STREET AND FIRST AVENUE City Engineer Larson had received a request to provide a petition for vacation of a portion of Elm and 1st. The street area lies adjacent to the town of Woodway and contains only one-half of the street R/W required for a full public street. He felt that since the action may involve residents of Woodway, discussion should be held by council prior to his preparation of a petition. Under state law, the city may vacate the R/W after receiving a petition signed by owners of 2/3 of the abutting frontage, or may by resolution vacate the dedicated R/W. He noted that the R/W is of no particular value to residents of Edmonds, and he recommended approval to prepare a petition for the vacation, as requested by Mr. Dean Nordquist, 111 Elm Street. MOTION: It was noted that Mr. Dean Nordquist should be advised of the appraisal situation. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESO- LUTION, SETTING DATE FOR HEARING ON THIS PROPOSED VACATION. MOTION CARRIED. FURTHER REPORT ON TRAFFIC NEAR EDMONDS SCHOOLS This item had been continued from the December 23 council meeting. The City Engineer reported that city representatives had met with Mr. Les Hanvey, as requested. Bill Nims and Ken Estes, representing the city, then made a presentation to council. They showed drawings illustrating where previous walk- ways had been provided in the past by the city, where crossing and walkway problems now exist, and where permanent sidewalks had replaced former walkways. Council had been provided with an improve- ment program proposal, including possible funding. It was noted that city representatives will continue to meet with Mr. Hanvey of the Edmonds P.T.S.A. Committee each month as the study progresses from planning to implementation. Traffic volume counts and school children walking counts are also planned in the next month in regard to Mr. Hanvey's proposals on 76th and 9th Avenues. Mr. Hanvey was present, and stated that if the money as noted on the improvement schedule is available, it should go for pathways and not crossings; that he would like to emphasize the problems are not at crossings but on the pathways. The crosswalk type of improvement was suggested on the city schedule as install- ation of standard school signing with flashing yellow lights. This would be activated by the schools when needed, and city police would try to concentrate on these areas at these times. There was some discussion on the possibilities -for funding. Councilman Carns was concerned with the children not using the walkways, perhaps even if they were provided. Councilman Clement asked about the accident frequency at crosswalks vs. walkways, and it was answered that the bigger problem. -,in this regard was crosswalks. The total program as outlined at this time by the city was estimated at $11,000, with crosswalk construction at $6,000. City Engineer Leif Larson recommended that they report back on the progress and the application for funds, and that council first give authorization to proceed. Mr. Hanvey stated that he wished the $6,000 be spent on walkways instead of the proposed flashing lights MOTION: at crosswalks. Following some further discussion, A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS THAT COUNCIL GIVE ENDORSEMENT TO THE PROPOSAL OF THE SCHOOL SIFETY PROGRAM AS THE FIRST STEP IN AN ONGOING STUDY TO PROVIDE SAFE WALKING CONDITIONS FOR SCHOOL CHILDREN. THE MOTION CARRIED. DISCUSSION RE/HOUSING & COMMUNITY DEVELOPMENT Assistant City Planner Noelle Charleson spoke on the questionnaire sent by the Housing and Community Development for community needs. This is necessary for the county to determine the needs in each local community for the HUD block grant program. The emphasis in the 1976 program will be placed on funding projects which clearly benefit lower income persons, and the questionnaire addressed itselfto some of those needs. It was noted that the funds to be distributed this year will be double last years. There was a great deal of diso.nssion, during which time it was stated that Edmonds could go for a number of projects or just one; that ;the deadline for submitting the com- pleted questionnaire was this Friday; and that the recommendation was for council to determine which should be priority areas to seek funding for, and submit these to the county. Councilman Carns said he felt it would be a good idea for each council member to fill in the questionnaire and bring to the dinner meeting tomorrow evening. Natalie Shippen advised council of the procedural matters - that the city must have an appointee to the Policy Board, an alternate, and'a technical person; the city should decide on whether they wish a formula based purely on need or per capita. Three people involved with Senior Citizen services spoke to council on the need for funds. Dorothy Vetefinski, Director of Employment for Senior Services in Snohomish County, told council about the placement of people over 55 in jobs, and the Country Boutique run by seniors as an outlet for items that can be made at home and sold in this shop on an 80% 20% basis. In terms of this program, to update the Boutique and the employment office, they asked for $400 a month or $4800 for the year, which would include possibly one more paid person in the office. For minor home repairs done to homes of senior citizens, $58,000 would cover labor and materials for a year under the HUD block grant program. • 373 • Louise O'Neil,.representing the home delivered meals for seniors, showed council an insulated tray with a complete hot meal which is delivered to the homes of those who are house -bound. These meals can be furnished to seniors 60 years of age and older, and she also advised council of the frozen meals that are available. In the county, she said about 25 meals per day are home delivered at this time, on a 5 days per week basis. She felt $6688 would cover expenses, including mileage. Jane Jones then spoke in reference to her letter to council regarding the Senior Center project and the changes that have occurred during the past three years. This included the building phases, as well as an up -do -date listing of activities available. There was much discussion on the projects, funding, whether to bundle all facilities for senior to apply for funds in that manner, whether to include minor home repair in a comprehensive program presentation, etc. It was brought out, however, that there were some obstacles connected with the home repair area. MOTION: Following all the discussion, A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CLEMENT THAT OUR PROJECT BE DESIGNATED AS THE SENIOR CENTER PROJECT, INCLUDING THE AMOUNT OF $200,000, TO IN- CLUDE THE 3 PHASE COMPLETION OF THE SENIOR CENTER AS OUTLINED, THE MAINTENANCE OF THE SENIOR CENTER EMPLOYMENT PROGRAM, AND THE HOME DELIVERED MEALS PROGRAM DURING THE DESIGNATED YEAR OF THIS PHASE OF THE BLOCK GRANT. MOTION CARRIED. Councilman Clement remarked that he hoped that we could alter our proposal to compensate for any loss of funds regarding the Senior Center. Mayor Harrison reported that the appointments to the Policy Board were that he would serve as the -Appointee, Councilman Carns as the Alternate, and Noelle Charleson as the technical member. Council then decided on the Needs basis as the logical way to proceed. It was decided that the Planning Department be instructed to recommend on completion of the questionnaire in reference to the motion just passed, and bring those recommendations to council by having them included in the packets sent from the City Clerk's office on Friday of this week, so council may take action on this next Tuesday evening. DISCUSSION ON PINTER SEWER HOOK-UP • City Engineer Larson gave a review of the Pinter matter. The City had required the Pinters to connect to the sewer, which they did. However, an agreement had at one time been made between some property owners in the vicinity of the Bellin Gardens annexation that the Don -Lee Development Corporation would provide sewer service lines to them. This was not a late -comer agreement involving the city, and there- fore, the Engineer recommended the matter be placed in the hands of the City Attorney to indicate the city's position. Mr. Pinter was in the audience, and he spoke to council regarding his sewer assessment. It was felt that his claim was with the Don -Lee Development Corporation, and City Attorney James'Murphy advised that the city has no legal liability on this problem, since it was Don -Lee who had promised to put in the sewer and later reneged. Then, in 1974, the city enforced its ordinance to require connection to city sewer, and Mr. Pinter received one of these notices. Mr. Pinter said that as gar as he knew, however, Mr. Burr, property owner next to'him, had not connected to the sewer. Mr. Burr is out of town and the house is occupied by renters. The City Engineer indicated that he did not know about the Burr property, since this was handled by Public Works, but that he would check into the matter. Mr. Shelton, a property owner in that annexation area, told council that Don -Lee had in fact told property owners that they would have the sewer line brought to the property lines at no charge, and that construction would start right away. This was at the time of.annexation. This construction was not started, and the plat had to be resubmitted. If Don -Lee had done as promised, there would have been no problem. Councilman Anderson said he wished to hear from the Public Works Department on the Burr/Pinter diff- erence. Councilman Herb asked if this should be presented in the form of a claim against the city. Councilman Gellert said if it were found that the city gave Mr. Burr preferential treatment over Mr. Pinter, what is the next course of action? Attorney Murphy answered that the next action would be to enforce the ordinance against Mr. Burr. MOTION: A MOTION WAS THEN MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GOULD TO CONTINUE THE DISCUSSION AT THE NEXT MEETING, AND ASK FOR A REPORT FROM THE PUBLIC WORKS DEPARTMENT ON ENFORCEMENT OF THE CITY ORDINANCE REGARDING THE PINTER AND BURR PROPERTIES. MOTION CARRIED. DISCUSSION`.',ON REQUEST FROM COUNTY COMMISSIONERS RE/INTERLOCAL AGREEMENT ON REGIONAL PLANNING • A request was received from the County Commissioners for an interlocal agreement to create a regional planning organization of different structure than the present existing Puget Sound Council of Govern- ments. City Planner Joe Wallis explained his position, concurring with the proposal as noted in his written memo. He said there was a definite role for regional planning to meet regional problems. City Engineer Leif Larson, in his memo, did not recommend formal action be taken on the proposals from the Board of County Commissioners until several questions had been resolved or investigated. He was also concerned with the deadlines on such an important organization -as this, and therefore felt more thought and more information should enter into it. Councilman Gould felt there was cause for concern as to what assessment there might be. The request from the Commissioners was for comments before January 20. The comments from the M.A.A., City Engineer, and City Planner would become a partial list. Councilman Clement suggested sending a letter, enclosing copies of these inter -office memos to reflect the staff opinions. Councilman Carns thought there were better points in belonging to the organization such as this, than in not belonging. There was discussion on several agencies, etc. and Councilman Herb remarked that perhaps we were trying to decide too much; that the Commissioners just want a reaction, and don't need a decision at this time. Following some further discussion, IT MOTION: WAS MOVED BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN HERB THAT WE INDICATE VIA A LETTER FROM THE MAYOR, OUR INTEREST IN REGIONAL PLANNING, AND THAT WE SUBMIT QUESTIONS INDICATED FROM THREE OF OUR STAFF, AND THAT WE ASK TO BE KEPT INFORMED. THE MOTION CARRIED. ACCEPTANCE OF CONSTRUCTION OF STORM SEWERS UNDER MAIN, VICINITY OF 86TH. PLACE WEST Engineer Larson reported that the contractor, Joint Venture, Inc., has completed the construction of the storm sewer as required by the contract. He recommended acceptance of the work as complete to establish the 30-day lien period on the retainage. At this point, the City Attorney was asked to explain the.reason for the retainage from the contractors, and the lien system, for benefit of the new councilmen. u �74 .. MOTION: IT•WAS MOVED BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN C ARNS TO ACCEPT THE WORK OF JOINT VENTURE, INC., AS COMPLETE AND THEREBY ESTABLISH THE 30-DAY LIEN PERIOD. MOTION CARRIED. SET DATES FOR HEARINGS ON PLANNIN;COMMISSION RESOLUTIONS Four Planning Commission resolutions were presented to set dates for hearings before council. They were #485, recommending excluding real estate office from RM zones with conditional use; #486, regu- lating churches in RM zones the same as other structures in RM zones; #487, amending zoning oudinance., to allow acute care general hospitals to have alcoholic and mental facilities; and #489, an amend- ment to zoning ordinance to provide for crisis centers in CG zones and exclude in BC zones (correc- tion of code error). A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CLEMENT TO SET FEBRUARY 17 AS THE DATE FOR HEARING ON RESOLUTIONS #485 AND #486, AND FEBRUARY 24 AS THE DATE FOR HEARING ON #487 AND #489. MOTION CARRIED. ADJOURNMENT There was no further business to come before the council, and the meeting was adjourned at followed by a brief executive session in the Mayor's office. WE W M _,_ - d - - M, 0. M d — N ��� f��ty Clerk January 20, 1976 ROLL CALL 4H.. HARRISON, Mayor 11:05 P.M. 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 Clement who had notified the City Clerk that he would be absent. u APPROVAL OF MINUTES The minutes of the meeting of January 13, 1976 had been posted, mailed and distributed. Councilman Gellert noted that on Page 2 in the 3rd from the last paragraph, 2nd from the last line, the gentleman's name should be spelled "Newerf", not Mueller. The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilman Carns stated that the council members had received a letter from Councilman Nordquist dated January 15th which dealt with job descriptions far exempt employees. He felt that a committee should be formed to discuss some of the job descriptions with the assistance of Ron Whaley, the Mayor's Administrative Assistant. It was thought that this might give some opportunity to draft a form to use in reviewing those positions in relation to salaries next year, and that the Prior MOTION: Report could be used to help accomplish this task. COUNCILMAN CARNS MOVED TO DISCUSS THIS MATTER AND APPOINT A COMMITTEE AT THE COUNCIL MEETING NEXT WEEK. COUNCILMAN HERB SECONDED AND THE MOTION CARRIED. Councilman Anderson gave notice that he would be absent on the 3rd of February. Councilman Anderson noted that the Council had met in December to discuss salaries for the exempt personnel. He called for an executive session to be scheduled for further discussion and feedback to department heads if they desire. He also said that the two former council members, Natalie Shippen and Norma Bruns, should be invited to attend. COUNCILMAN ANDERSON MOVED, SECONDED BY • COUNCILMAN GELLERT TO SCHEDULE AN EXECUTIVE SESSION FOR WEDNESDAY, JANUARY 28TH AT 7:30 P.M. TO DISCUSS THIS MATTER. MOTION CARRIED. The Deputy City Attorney, John Wallace, said that this would be anappropriate matter for executive session if it is about appointment, employment or termination. In response to a request from the Council, Mr. Wallace said that he would be available that evening to advise the Council. Mr. Whaley was asked to schedule department heads for meeting with the Council through his office. Councilman Gellert said that he was reminded by one of the State Highway Commissioners that when the new ferry route was completed we were going to have that designated as a truck route. City Engineer, Leif Larson, stated that they have been taking counts on truck traffic. He said that last week in a one hour period 58 trucks went down 196th west of Highway 99 and only four of them went through. He said that it appeared that the truck traffic in that period of time was basically local. He questioned whether we should initially pass an ordinance and maybe we should solicit the cooperation of the Washington Trucker's Association and the companies that have tankers going through. Mr. Larson said that the State Highway Department has scheduled re-signing of the FAI-5 for the southbound traffic, so they will remove the signs from 196th. He said that they would like to have more than one count. Councilman Gellert asked that Mr. Larson report back to the Council in 60 days and that this be put on the extended agenda. Councilman Gellert said that he would like to have a brief report on the significance -of the State Department of Ecology ruling on the Union Oil Swamp. Mr. Wallace, said that if it stands; if it'is not challenged in Superior Court; it would mean that the Master Program would be eligible to be approved by the State. He said that it has been found to be within the jurisdiction of the Shore- lines Management Act. Mr. Wallace said that the normal appeal period is 30 days from the date of the ruling. 11