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19760127 City Council Minutes379 • RESOLUTION TRANSFERRING MONIES FROM LID GUARANTY FUND TO SENIOR CENTER FUND:320. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT TO PASS RESOLUTION #351 TRANSFERRING $30,000 FROM FUND #613 TO FUND #320 UNTIL FEDERAL MATCHING MONIES ARE RECEIVED. MOTION CARRIED. RESOLUTION TRANSFERRING FROM CONTINGENCY FUND TO GENERAL FUND FOR BICENTENNIAL CELEBRATION PURPOSES. MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN-NORDQUIST TO PASS RESOLUTION #352. MOTION CARRIED. CLAIMS FOR DAMAGES The City Council acknowledged receipt of a Claim for Damages from Standard Brands Paint. This was referred to the City Clerk for processing. There being no further business to come before Council, the meeting was adjourned at 11:30 P.M. IRENE VARNEY MORAN, Cjgy Clerk January 27, 1976 ROLL CALL] H. H.-HARRISON, Mayor 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. • APPROVAL OF MINUTES The minutes of the meeting of January 20th had been posted, mailed and distributed. Councilman Carns said that he would like to clarify what he meant to.say with respect to job descriptions during the Council portion of the meeting. He said that he would like to adopt by ordinance the job descriptions for all"City department heads and to draft a performance analysis form to be used annually in rating performance of department heads. All this.is to be reviewed by the Mayor, M.A..A., Council and the affected department head. Councilman Gellert said that on page 7, one-third of the way down the;item with reference to Improved Water Systems should also indicate that this is a.County need in addition to a local need. The minutes were then approved as:.corrected. APPOINTMENT TO LIBRARY BOARD The Mayor said that there is an opening on the Library Board and that he' would like to appoint Ira Minnihan to that position #2. Mr. Minnihan had been a resident of the city for seven years and has been..a resident of the city for seven years and has been active in the last two years in the Home MOTION: Protection Program with the Police Department. COUNCILMAN ANDERSON MOVED FOR CONFIRMATION OF THE APPOINTMENT OF IRA MINNIHAN TO POSITION #2 ON THE LIBRARY BOARD. COUNCILMAN NORDQUIST SECONDED AND THE MOTION CARRIED. COUNCIL PARTICIPATION Councilman Carns said that he would like to discuss the executive session scheduled for tomorrow evening. He said that last Friday he went to a seminar given by the Bar Association which covered several areas, one of them being open government. There -followed -discussion on the legality, with the City Attorney stating that he would be present to see that the discussion is conducted in accordance with the Open • Meeting Law. Councilman Gellert asked the Parks and Recreation Director for clarification on a letter from the chairman of the Beautification Committee regarding the Seaview Tennis Courts. He said that it was not clear whether she meant the tennis courts which have,already been contracted for at Seaview Park, or the courts that were to be at the Seaview Reservoir. Mr. Garretson said that he felt it was intended to stop the tennis courts on the reservoir. Councilman Gellert asked Mr. Garretson to check into this. Councilman Clement said he would also like to explore the the comment regarding the lack of rest room facilities in neighborhood parks. Councilman Gould said that he had attended an Association of Washington Cities meeting held at Frontier Village. He said that it was a very interesting and informative meeting with a Mrs. Chesney and Mrs. Andrey speaking about the needs of the Snohomish County Juvenile Court. Councilman Nordquist remarked that it would be appropriate to send a resolution of appreciation to both MOTION: Natalie Shippen and Norma Bruns for their service to the people of ;Edmonds as council members. COUNCIL- MAN NORDQUIST THEN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE RESOLUTIONS FOR NORMAN BRUNS AND NATALIE SHIPPEN. COUNCILMAN GELLERT SECONDED AND THE MOTION CARRIED. Councilman Nordquist said that he would like to schedule as an agenda item, the Mayor's proposal regarding the Senior Center. He would also like to have some background material for the new council members so MOTION: that they can discuss the situati.on. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CLEMENT TO SET FEBRUARY IOTH FOR DISCUSSION ON THIS ITEM AND THAT THIS PORTION BE OPENED FOR PUBLIC COMMENTS. Council- man Gould thought it would be a good idea to see the plans and to ask the architect, Mr. Nelson to -attend. MOTION CARRIED. Councilman Nordquist said that he felt it was appropriate at this time for the committee dealing with job descriptions to sit down and review all the job descriptions. There was a consensus that this should be pursued further. is CORRESPONDENCE Ron Whaley, M.A.A., said that a letter from the Edmonds -Snohomish County Historical Society signed by Leroy Middleton, President, has been received regarding their lease of the Carnegie Library Building for their use as a museum. The present lease expired last June and they are belatedly asking for a renewal of the lease. Heretofore the lease term has been for one year at a time and they would now like to have a ten to fifteen year lease term. Mr. Whaley said that he personally feels some consideration should be given to this, because of their long-range plans. Councilman Nordquist proposed five years with an option for five more: Mr. Whaley said that the City is pro- viding the heat, light and water. Councilman Carns thought this should be placed on a forthcoming MOTION: agenda, so that the newer.council members could become better acquainted with the issue. HE THEN MOVED WITH A SECOND BY COUNCILMAN NORDQUIST TO PLACE THIS ON THE FEBRUARY 24TH AGENDA. MOTION CARRIED. HEARING; FINAL ASSESSMENT ROLL - LID 194. 196TH URBAN ARTERIAL PROJECT City Engineer, Leif Larson, reviewed the action taken previously on this item. He explained the method by which the assessment`s..were�determined. Mr. Larson also noted that the assessment could be paid within'30 days, or in'10 annual installments, with'the first installment due,on year'af ter passage of th&.ordinance accepting the LID boundaries. The Engineer.,said that there has been no change since the preliminary notice and the cost is still $4.00/zff for'the-improvement. The total cost of.the project, Lynnwood and Edmonds, was $1,220,000. The State Highway Department participated in the amount of $150,000. The Urban Arterial Board participated in the amount of $743,000. The portion of the project in Edmonds was $327,000, of which the City's portion of the project came to $90,906.00. The property owners assessment is $11,625 and the participation from City funds is $85,435.80. He recommended that the final assessment roll be accepted. He did mention that there were three owners of property that indicated that they felt that they did not benefit from the improvement; Mr. Johnson, Mrs. Hoglund and Mrs. Loeder. Mayor Harrison asked Mr. Larson if it was his opinion that the cost of the sidewalks exceeded $4.00 per lineal foot.. Mr. Larson said in this case, yes. The public portion of the hearing was then opened. • E. C. Collier, 7833 - 196th S. W., owner of the Collier Buildings, said that he had submitted a bill to the City on September 25, 1975 for damage which occurred to his building as a result of some of the work on this project. To date he' has heard nothing about this. He also said that he had been told that he would receive payment for the slope and has not heard about that either. Mr. Collier said that he does not object to the assessment, but that he: would be paying it on some property that he cannot use. Mr. Larson said that this has been submitted as a claim and has been turned over to the insurance company for the City and the contractor, but he has had no report. The City Attorney said that this is an unfortunate situation where the property owner has to wait until the City, the prime contractor and the sub -contractors work it out.. Mr.'Larson said that this is all being looked into. Mr. Collier asked the City Engineer to look into the slope problem and Mr. Larson said that he would. At this point, Mr. Larson read the letters of protest which are on file. He also pointed out those properties on the map. Harold Jensen, 7923-196th Place S.W., said that he had the same complaint as his next door neighbor, Mr. Johnson, and that the speed of the traffic on 80th is worse that it was. Coun- cilman Gellert suggested that Mr. Jensen speak to Police Chief Foster about the speeding The hearing was then closed. - MOTION: COUNCILMAN GELLERT MOVED FOR THE PASSAGE OF .ORDINANCE #1814, AND COUNCILMAN HERB SECONDED THE MOTION. COUNCILMAN CLEMENT MOVED TO AMEND TO EXCLUDE THE LOEDER PROPERTY FROM ASSESSMENT AND TAKE IT TO THE MINIMUM 90' AT THAT POINT. COUNCILMAN CARNS SECONDED FOR DISCUSSION. Councilman Gellert said that he would tend to sympathize, but would vote against the amendment as the assessments are already low. There was some discussion, with the attorney pointing out that the property could be excluded, as long as someone pays for it. Councilman Anderson said that he could not support the motion, as the Engineering Department has applied a uniform formula. Councilman Gould agreed, and so did Councilman Carns at this point. The amendment WAS THEN VOTED UPON AND.FAILED FOLLOWING A ROLL CALL VOTE WITH COUNCILMAN CLEMENT VOTING "YES", AND THE REMAINING COUNCIL'MEMBERS VOTING AGAINST. THE MAIN MOTION WAS VOTED UPON AND CARRIED. Mr. Johnson asked who is liable if a child should fall off his rockery. Mr. Murphy said that if anyone falls on his property, he would be liable. Mr. Johnson asked if anything could be • done to re-establish his privacy and wondered if the City could come out and look at it. Mr. Larson said that they would do that. HEARINGS ON PLANNING COMMISSION RESOLUTIONS: #481 - Recommending approval of amendment to Official Street Map to establish 50 ft. R/W on Sea Vista Place Extension. File ST-4-75. City Planner, Joe Wallis, stated that this item and the following two are simply housekeeping items regarding matters which came before the Planning Commission in July. They are revisions to the Official Street Map. He indicated the above -entitled right-of-way on the map. He said that a survey had been taken some time back and a majority of the people indicated that they wanted this retained on the Official Street Map. He said that the Gatewood Plat took half the street, and that he would like the above -mentioned portion retained on the Official Street Map so that at such time as the pro- perty would develop on the east side, the City could ask for a dedication of that particular portion. Hearing was then opened. Mrs. Berry wanted to know when this would be done and if it is not being done now then why is a dedi- cation needed. Mr. Wallis explained that this is not a dedication simply an indication on the Official Street Map at this time. The City Attorney, James Murphy said that it lets a prospective buyer know that a street is planned there some day. Mrs. Berry said that taking that portion would _ make her property less than the square footage required should she want to develop her property. Mr.. Murphy said that a variance would be allowed in'this case. The hearing was, -then closed. COUN- MOTION: CILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN GOULD TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IN ACCORDANCE WITH THE RECOMMENDATIONS CONTAINED IN PLANNING COMMISSION RESOLUTION #481. MOTION CARRIED. r SL" i 1 381 #482 - Recommending approval of amendment to Official. Street Map to establish 50 ft..R/W.on 7th Avenue between Elm and Birch. File ST-5-75. The City Planner showed this.area on the map and said that again, as in the previous item, it is to MOTION: fill out the street patterns. The hearing: was opened and closed'as no one wished to speak. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN•ANDERSON-TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IN ACCORDANCE WITH THE RECOMMENDATIONS CONTAINED IN P.C. RESOLUTION #482. MOTION CARRIED. #483 - Recommending approval of amendment to.Official Street -Map to establish 50 ft. R/W on 242nd Place S.W.' File ST-6-75 The City Planner pointed out the subject street on the map. He -said it is to finish out a culdesac to the south that is partially completed-to.the north. The -hearing was opened. Councilman Gould said that it looked like there is an abandoned tennis court there and an old building, and wanted to know what would be done if these were in the -right-of-way.. The access situation in the area'was discussed at some length with some explanations of the problems by Councilman Nordquist. Councilman Carns suggested MOTION: that the City Planner and the City Engineer look at this-again...' hisagain..: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNSJO PLACE THIS ITEM BACK ON THE AGENDA FOR'NEXT WEEK'. MOTION CARRIED: EXPLANATION OF NEW RECREATIONAL PROGRAM - GYMNASTICS FANTASTICS ; Rod Garretson, Director Hof -Parks and REcration, introduced this'subject and'said, that'this program is basically one of instruction, recreation and competition. He introduced Al Carter, who said that Gym- nastics Fantastics has just recently finished a national tour where they travelled throughout the United States to'demonstrate the fun, excitement and thrill of personal, individual physical fitness through gymnastics. They have moved to Edmonds and propose to call the local group Edmonds Gymnastics Group (EGG),. Mr. Carter then introduced Allen Tilloff, who will be the master instructor. Mr. Tilloff said that�he has been travelling extensively during the last 17 years as a gymnast. Their plan is to teach persons six through adult ages. The program will be starting in the exercise room of the Edmonds jUnior High School, and they will be working through the Edmonds Park and Recreation Department. Mr. Garretson said that he has hired these two gentlemen to run the program and that it will be a self-supporting program. He said that a portion of the class fees will be set aside for the purchase of.equipment. Councilman Carns thought that the Park Board should be made aware of the program, since it is a major program. Councilman Gellert and Herb thought it sounded like a worthwhile program, especially if the insurance is worked out. PLAT - BODINE'S ADDITION City Planner, Joe Wallis, reported on this item giving some of the history of the plat. He said that the applicant is now asking for an amendment to the plat, deleting lots 6'and 7. There was discussion on the division of the plat, with Councilman Carns making a motion that the matter be referred back to the Planning Commission for the reason that this is substantially different than the 8 lot plat that MOTION: was approved in 1974. The motion died for lack of a second. COUNCILMAN CLEMENT MOVED FOR AMENDMENT OF THE PLAT AS REQUESTED BY THE APPLICANT. COUNCILMAN GOULD SECONDED THE MOTION. Councilman Clement said that he is not in favor of voting for something that has already been done (the sale of lot 8) but he hoped that this would not happen again. THE MOTION WAS THEN VOTED UPON AND CARRIED. APPOINT COMMITTEE FOR JOB DESCRIPTIONS FOR DEPARTMENT HEADS MOTION: Councilman Carns said that the Prior .Report which was adopted in 1972 had job descriptions that should be looked at, and that the job descriptions for department heads should be adopted by ordinance. He also felt that the Council .should establish the vehicle for evaluating the performance of department heads. Councilman Nordquist said that this should be all exempt posi'ti,ons. Councilman Carns said that it was his recommendation that the Mayor Protem appoint three council people and the Mayor's Adminis- trative Assistant to serve. He also felt that'when'this committee is looking at that particular job description, the department head in question be brought in at some point for his or her input. Mayor Protem Anderson appointed Councilmen Gellert, Gould and Nordquist and suggested that they select their own chairman. The committee will come back to the Council with a report by the middle of May. PRESENTATION OF PLANNING COMMISSION RESOLUTION #497, RECOMMENDING DENIAL�OF AMENDMENT TO ZONING CODE (NO APPEAL RECEIVED) Councilman Clement noted for the record that he -stepped down and did not participate'in this discussion. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO UPHOLD THE DENIAL. Tom Bernard, with Cabot, Cabot and Forbes, developers of the Union Oil property, said that they had been surprised that a conditional use permit would be required for uses permitted in the IP zone. He said that they ob- ject because it is hard to get financing when you don't have assurance that you can continue,to use that property from one tenant to the next tenant, etc. He also questioned this tenant by tenant approval process being required for one single piece of property since this is the only industrially zoned piece of property in the city.. He wondered if this special approval process for uses approved by the zoning would be legall enforceable. He also felt it was not fair. The Planning Commission in its action did move to strike the use of a conditional use permit, and add to a business license a statement of intended use. Mr. Bernard had been provided an "environmental check list form" by the City Planner which was planned to be used in this connection. Mr. Bernard commented that many of the questions on that list had already been addressed in their own environmental assessment. Mr. Wallis said that they would not necessarily ask.the tenants to complete all of the questions, but just certain ones. He also said that the form was compiled accoridng to some SEPA guidelines. Mr. Bernard felt that the form could perhaps be in simpler form. Councilman Gould pointed out that the Council this evening is upholding the denial of the Planning Commission and not ruling on the check list. THE MOTION WAS THEN VOTED UPON AND CARRIED. SET DATE FOR HEARING ON PLANNING COMMISSION RESOLUTION #478, RECOMMENDING APPROVAL OF REVISED PRD ORDINANCE. FILE ZO-19-74 0 MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT TO PLACE THIS ITEM ON THE FEBRUARY 24TH AGENDA. MOTION CARRIED. 382 n U PROPOSED ORDINANCE - AMENDMENT TO SAUNA PARLOR ORDINANCE (FIRST READING MOTION: Police Chief, Marlo Foster, reported that our neighboring cities have changed their ordinances and some concern has been expressed that we should change ours in order to keep this kind of business out of Edmonds. Councilman Gould said he would like to start from the beginning and have the City Attorney look into what we can and cannot do. Councilman Gellert felt perhaps we should look at the Seattle and King County ordinances with regard to body painting studios with the idea of adding further pro- hibitions. COUNCILMAN'GELLERT MOVED, SECONDED BY COUNCILMAN HERB TO INSTRUCT THE ATTORNEY TO INVES- TIGATE THE ELIMINATION OF ALL BODY PAINTING. MOTION CARRIED. PROPOSED RESOLUTION SETTING DATE FOR HEARING ON VACATION OF PORTION OF ELM AND FIRST. City Engineer, Leif Larson, said that Dean Nordquist had requested that this matter be continued to MOTION: a later date for business reasons. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PLACE THIS ON THE MARCH 23RD AGENDA. MOTION CARRIED. There being no further business, the meeting was adjourned at 11:05 P.M. JZ4"e." nl�� AOL�� - IRENE VARNEY MORAN, gity Clerk February 3, 1976 ROLL CALL r H. UHHAARISO�NMayor 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 Anderson. APPROVAL OF MINUTES The minutes of the meeting of January 27th had been posted, mailed and distributed. Councilman Gould said that the "Mrs. Andrey" referred to in the next to the last paragraph on the first page, should be spelled without the "y". Also it was noted that the 5th line concerning the hearing on the Final Assessment Roll - LID 194 should ready "....the ordinance confirming the final assessment roll.", in lieu of "accepting the LID boundaries." The minutes were then approved as corrected. COUNCIL PARTICIPATION 1 0 Councilman Carns said that he had attended a recent meeting of the Park Board as liaison, and that at that meeting the Board had expressed a desire to have a joint meeting with the City Council at the MOTION: work meeting on March 9th if possible. They would like some clarification of their roll. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PLACE ON THE AGENDA FOR MARCH 9TH A JOINT MEETING WITH THE PARK BOARD. MOTION CARRIED. Councilman Gellert made reference to a letter from Liberty TV Cable which had been routed to Mayor and Council in which they claim that they have done the work which was agreed to be done for the $.25 increase to their subscribers. He said that they have requested an audience with the Council on the 17th and that MOTION: he did not object to that, but that he would be out of the State on that date. COUNCILMAN NORDQUIST MOVED TO SEND A LETTER TO LIBERTY TV CABLE NOTIFYING THEM THAT IT HAS BEEN PLACED ON THE AGENDA FOR FEBRUARY 24TH FOR ANY INPUT THEY MAY WISH TO GIVE THE COUNCIL. COUNCILMAN CARNS SECONDED THE,MOTION. MOTION CARRIED. At this point, Councilman Clement stated that he would not be present on the 24th of February, nor on • the 2nd of March. Mayor Harrison noted that he had a letter from the City Engineer regarding a subdivision on 84th Avenue West. Mr. Larson said that he believed the developer would be asking for an audience within the next week or so. Councilman Gellert asked if the council could be provided with some information on what is being requested. Joe Wallis, the City Planner, said that this would be contained in the Planning Commission Minutes as it was heard by the Commission last week. AUDIENCE PARTICIPATION John Nielson, 21908 - 76th Avenue West, complained about the lack of parking and the difficulty getting in and out of his driveway on 76th. The City Engineer said thatpart of the problem is the channelization for the light at 220th and an ordinance that eliminated the parking on 76th West. Mr. Callahan, who lives next door to Mr. Nielson, said that he has the same problem. Mr. J. E. Roberts presented some pictures to the council illustrating the problem. CORRESPONDENCE Mayor Harrison read a letter which indicated that the parents of Ballinger..students are very con- cerned about the safety of the over 100 children who must cross 76th Avenue West on their way to and from school. There was a suggesti6n that a pedestrian crossing be located at 228th and 76th to assure the children a safe crossing. They wished notification when this would appear on the MOTION: Council agenda. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN GELLERT TO HAVE A REPORT ON THE CROSSING AT 228TH AND 76TH AVENUE WEST PLACED AS AN AGENDA ITEM FOR FEBRUARY 24TH, AND TO NOTIFY MRS. GRADWOLD AND MRS. LINDSTROM. MOTION CARRIED. is