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19760810 City Council Minutes473 • OF STORM SEWERS AND ASPHALT OVERLAY BE POSTPONED UNTIL THE MEETING OF AUGUST 10. MOTION CARRIED. - PROPOSED ORDINANCE ESTABLISHING SECTION-IN'CITY.:CODE RE MUNICIPAL COURT Councilman.Herb raised a question as to the wording in paragraph l.d. of the proposed ordinance. He called attention to the fact that this provision appears to say the Court would have to give money to the defendant he had a serious enough hardship. City Attorney Wayne Tanaka explained that the word used here is "remit" and the intent here is to exempt the person from paying any more if a manifest hardship is imposed by his paying more., Mr. Tanaka noted that one of the definitions in the dictionary for "remit" is "refrain from exacting". Also, he said these are the precise words used in the State law. He felt the Council would be on shaky grounds to try to modify the explicit authorization from MOTION: the legislature. After further discussion, A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GOULD, THAT THE WORDS OF THE PROPOSED ORDINANCE BE CHANGED IN PARAGRAPH l.d., IN THE LAST SENTENCE, BY REMOVING THE WORD "REMIT" AND SUBSTITUTING THEREFOR THE WORD "MODIFY". MOTION CARRIED, WITH COUNCIL- MAN CARNS VOTING NO. The revised ordinance will be presented to the Council at the meeting of August 17. PROPOSED ORDINANCE TO RAISE SALARY OF PUBLIC WORKS DIRECTOR MOTION: A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT ORDINANCE 1858 BE ADOPTED, ESTABLISHING THE SPECIFIED SALARY FOR THE DIRECTOR OF PUBLIC WORKS AT $1,831.00, EFFECTIVE AUGUST 1, 1976. MOTION CARRIED. ADOPTION OF USE OF CONSENT AGENDA MOTION: A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS,.THAT THE USE OF CONSENT AGENDAS BE ADOPTED BY THE CITY COUNCIL. MOTION CARRIED. MOTION: • MOTION: CLAIMS FOR DAMAGES The Deputy City Clerk reported a claim for damages had been received from Dotty Durfee in the amount of $465.00 and had been forwarded immediately to the insurance company. Council acknowledged the claim. There was no further business to come before the Council, and the meeting adjourned at 10:05 p.m. August 10, 1976 Xy IRENE VARNEY MORAN, Ci Clerk H. H. HARRISO , Mayors ROLL CALL The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harri- son in the Council Chambers of the Edmonds Civic Center with all.Councilmen present except Councilman Anderson, Clement and Gellert, who had advised they would be absent. All present joined in the flag salute. CONSENT AGENDA A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda included the following items: Approval of Minutes: Minutes of the meeting of August 3, 1976. Claims for Damages: No claims for damages were submitted. COUNCIL PARTICIPATION Councilman Carns said a presentation by the South County Chamber of Commerce had been originally sched- uled for this evening and had then been postponed to the August 31 meeting. He said, however, that Vesta Launders and Steve Callendar were present this evening representing the Chamber and he would like the Council to hear from them. Steve Callendar spoke briefly, saying he thought the activities of the Chamber would benefit Edmonds and that Edmonds could be a viable part of it. Vesta Launders, the Execu- tive Secretary of the South County Chamber of Commerce, then outlined the various activities and programs of the Chamber. She described some of its accomplishments and some of the benefits it could offer to Edmonds. Councilman Herb said he strongly endorsed the City's joining. He said it is a pool of resources and can tie local issues together. He felt this would give Edmonds an opportunity to have a strong influence in the South County community. Councilman Carns also felt it would be beneficial to Edmonds and he noted that this..is probably one of the better Chambers of Commerce.. A MOTION WAS THEN MADE BY COUNCILMAN CARNS THAT THE CITY OF EDMONDS JOIN THE SOUTH COUNTY CHAMBER OF COMMERCE AND THAT THE $150 MEMBERSHIP FEE COME OUT OF THE COUNCIL CONTINGENCY FUND. Councilman Gould asked how a city would vote in the Chamber, whether it would be one vote for the city, or individual votes by the individual members who are a part of the city. Vesta Launders explained that individuals who are members of committees would have individual votes within those committees, and the committees submit items to the board and the board approves or disapproves. If the city has one or more representatives on the board, each has a board vote. Councilman Gould said he favored joining as a City but felt the Council should not act on it until the scheduled date of August 31. Councilman Carns said it had originally been scheduled for this evening and he didn't think it was necessary to postpone action on it. City Engineer Larson added that he has been serving on the Chamber's Transportation Committee and has had the opportunity to bring up items. He felt it has been very effective in the transportation area. Mayor Harrison said he, also, had been attending Chamber meetings as a guest and has enjoyed participating in it. COUNCILMAN HERB THEN SECONDED THE MOTION. MOTION :CARRIED. Councilman Gould said he had been notified that the Open Space Taxation Act meeting regarding appli- cant Johnson has been scheduled for August 30. Councilman Gould said he had been appointed•to attend but would be unable to as he will be out of town at that time. Councilman Gellert had been appointed as an alternate and it will.be ascertained if he can attend. Councilman Carns confirmed that he would also be attending. ° 0 MOTION: M.A.A. Herb Gilbo said that at the request of the City Attorney he would like to defer the proposed Initiation Resolution and proposed Resolution of Intention for Downtown Parking for two weeks. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THE DOWNTOWN PARKING ITEMS 474 BE SET FOR THE AUGUST 31 MEETING. MOTION CARRIED. (Inasmuch as that will be a work meeting, the • City Clerk has set these items for the September 7 meeting and has confirmed this with the City Attorney.) City Engineer Leif Larson reported that the PUD Commission had authorized acceptance of the low bidder on the 5th Avenue undergrounding project, subject to concurrence of Edmonds. He said a written report will be presented at.the next meeting and increased funding will be required. Councilman Nordquist noted that the Council had received an invitation from the Edmonds Lions Club to attend the dedication of Phase One of Sierra Park for the Blind on August 24 at 7:00 p.m. He thought this was such a worthwhile undertaking that he suggested the Council meeting that evening be MOTION: delayed until 8:00 p.m. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE COUNCIL MEETING OF AUGUST 24 BEGIN AT 8:00 P.M. MOTION CARRIED. Mayor Harrison called attention to his memorandum requesting a tranfser of funds from Dept. 028 (Public Works) to Dept. 002 (Executive) in order to increase the secretarial strength of the Execu- tive Department. He said the Executive Department secretary is considerably behind in her work and part of the reason is that she took a recent one -week vacation and did not have proper backup. He added that there are new programs being instituted with the recent change in the M.A:A. position that will require a good deal of time. He had elaborated in his memorandum and he said he thought the administration has the power to shift personnel in some manner but, in this case, a transfer of funds was being requested and that, was a Council prerogative. He also added that Public Works Director. Ron Whaley had been agreeable and Mayor Harrison noted that the Public Works Department would be losing a secretary. He said Mr. Whaley had also expressed a need for additional secretarial help when he had been the M.A.A. Councilman Carns said he thought the Council should support the adminis- tration and, if it feels it needs additional secretarial support, he would be agreeable. Councilman Herg said he would like to compliment the Mayor on the initiation of new ideas. He thought it very good that new things are going on. He did wonder if this should wait until Mr. Whaley returned from vacation so his department would not be shuffled in his absence. Mayor Harrison said he had no objection to that. Councilman Gould said he had no objection to taking action this evening as his • only concern, that of what will happen at the Public Works Department, is covered in the memorandum. M.A.A. Gilbo added that there will be some shifting of duties at the Public Works Department and that there is money budgeted for part-time assistance in the Water/Sewer Department. He said he would propose the same kind of budgeting indicated in the memorandum for next year's budget. He added that all of the administrative secretaries are as close to paraprofessional as possible. He said he felt there is an honest need that can be met best with this move. Councilman Nordquist said it is inter- esting to see over the years how the responsibilities of the Mayor and the Executive Secretary have increased. He said some of the committees have also placed a workload on the Executive Secretary and he was pleased to see this recommendation. He said the only additional consideration might be to make this temporary for a year in the same manner as the appointment of the M.A.A. It was noted that MOTION: budgeting would regulate the length of time of this .proposal. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COJNCILMAN CARNS, THAT THE TRANSFER OF FUNDS BE AUTHORIZED FROM DEPT. 028 TO DEPT. 002 AND THAT THE CHANGE IN THE SECRETARIAL POSITION MAY BE MADE BEFORE THE RETURN OF PUBLIC WORKS DIRECTOR, RON WHALEY. MOTION CARRIED. REPORT ON BIDS FOR CONSTRUCTION OF STORM SEWERS & ASPHALT OVERLAY, 88TH AVE. W., OLYMPIC VIEW DRIVE TO 196TH (OPENED JULY 29) Mayor Harrison said the bids had come in and were very high. He said he would like to reschedule MOTION: this to August 17 so it can be worked over. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THIS BID REPORT BE RESCHEDULED TO AUGUST 17. MOTION CARRIED. REPORT ON BIDS FOR OILING AND SEALCOATING VARIOUS STREETS (OPENED AUGUST 5 City Engineer Leif Larson reported that the low bidder on this project had been Seattle.Service Com- pany, Inc., with a bid of $14,951.70, excluding State sales tax, as compared to the Engineer's esti- mate of $17,500.00. He noted that sales tax is not charged to street projects. He said funds.had been budgeted for this, and he had distributed with his report a list of the streets to be sealcoated and oiled. He said this firm had not done previous work for the City but had done work for some of the • developers and private businesses in the area, and also for other cities. A MOTION WAS MADE BY COUN- MOTION: CILMAN NORDQUIST, SECONDED BY COUNCILMAN GOULD, THAT THE BID BE ACCEPTED FROM SEATTLE SERVICE COMPANY, INC., IN THE AMOUNT OF $14,951.70, EXCLUDING STATE SALES TAX. MOTION CARRIED. At this point Councilman Carns asked the City Engineer about the time schedule for reinstating the parking on 76th Ave., W. Mr. Larson replied that an ordinance is required revising the City:'s.parking MOTION: restrictions. He said the ordinance and a layout will be available September 1. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE CHANNELIZATION PLAN FOR 76TH AVE. W. AND THE ORDINANCE REVISING PARKING RESTRICTIONS BE PLACED ON THE AGENDA FOR SEPTEMBER 7. MOTION CARRIED. REPORT ON BIDS FOR PAVING 92ND AVE. W. AND ENTRANCE TO SEAVIEW PARK ON 185TH ST. S.W. (OPENED AUGUST 5) City Engineer Leif Larson had distributed a report on these bids. The project was in two parts and the low bidder for Schedule A was Knowles Construction Company in the amount of $9,690.00, excluding State sales tax; and the low bidder for Schedule B was Associated Sand & Gravel Company, Inc., in the amount of $1,437.50, excluding State sales tax. The Engineer's estimates had been $10,000.00 and $1,500.00, respectively. Mr. Larson recommended awards to the low bidders and noted that funds for Schedule A had been budgeted and those for Schedule B had been included in the additional funds required for the park project. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, THAT THE BID OF MOTION: KNOWLES CONSTRUCTION COMPANY BE ACCEPTED FOR SCHEDULE A, IN THE AMOUNT OF $9,690.00, EXCLUDING STATE SALES TAX, AND THAT THE BID OF ASSOCIATED SAND & GRAVEL COMPANY, INC., BE ACCEPTED FOR SCHEDULE B, IN THE AMOUNT OF $1,437.50, EXCLUDING STATE SALES TAX. MOTION CARRIED. REQUEST FOR COUNCIL AUTHORIZATION.FOR MAYOR TO SIGN COASTAL-ZONE:MANAGEMENT FUNDING CONTRACTS City Planner Joe Wallis had prepared and distributed a report regarding the Coastal Zone Management funding, and Assistant City Planner Noelle Charleson reviewed it for the Council. The'projects quali- fying for inclusion are: Shoreline Management Permit Administration, Public Access Feasibility to Waterfront, and the SEPA Implementation Ordinance. The local share of funding is one-third of the total, and the State will match with two-thirds funding. The City Attorney had reviewed the contract • 475 • agreement, and the Planning Department was requesting Council authorization for the Mayor to sign_ the contract agreement between the City of Edmonds and the Department of Ecology. A MOTION WAS MADE MOTION: BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE CITY COUNCIL AUTHORIZE THE MAYOR TO SIGN THE COASTAL ZONE MANAGEMENT FUNDING CONTRACT WITH THE DEPARTMENT OF ECOLOGY. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 8:20 p.m. August 17, 1976 IRENE'VARNEY.MORAIV City Clerk H. H. HARRISON, Mayor ROLL CALL • The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center with all Councilmen present except Councilmen Ander- son, Clement and Nordquist, who had advised they would be absent. All present joined in the flag salute. CONSENT AGENDA MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, TO REMOVE ITEM 0)(4) FROM THE CONSENT AGENDA (PROPOSED ORDINANCE STATING VACATION TIME AND HOLIDAYS). MOTION CARRIED. MOTION: A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM (D)(4). MOTION CARRIED. The Consent Agenda, as approved, included the following items: (A) Approval of minutes of August 10, 1976. (B) Set date of September 7, 1976 for hearing of preliminary plat "Birch Addition". (C) Acceptance of completed construction of Phase IV, Schedule E, Water Mains & Appurtenances, • by R. L. Alia Co., for minute entry to begin lien period. (D) Passage of Ordinances: (1) Ordinance #1859, Establishing Section in City Code re Municipal Court. (2) Ordinance-#1860, relating to Disposition and Use of Lost, Stolen or Abandoned Property. (3) Ordinance #1861, Amending Home Occupation and Accessory Structure Requirements in Sec. 12.13.040. (E) Set date of September 7, 1976 for hearing of P.C. Resolution 519, to amend Official Street Map to add 77th P1. W., south of 218th S.W. Councilman Gould said it had been his understanding that if any one Councilman desired discussion of an item on the Consent Agenda it would be removed on his request, and that a motion was not required. City Attorney John Wallace advised that the Council could set any guidelines they desired for use of the MOTION: Consent Agenda. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT A DIS- CUSSION OF THE USE OF THE CONSENT AGENDA BE SET FOR THE SEPTEMBER 14 MEETING. MOTION CARRIED. Council- man Gellert requested that the City Clerk redistribute that material previously distributed regarding the Consent Agenda. PROPOSED ORDINANCE STATING VACATION TIME AND HOLIDAYS (STAFF TO PROVIDE IMPACT) This had been item (D)(4) on the Consent Agenda and was removed for discussion. Councilman Gellert noted that it had been very short when first submitted and now had evolved into a two -page ordinance. City Attorney John Wallace explained that Section 1 brings the City into compliance with State legis- lation. He said the State took away the option not to recognize any of the State holidays, and every city in the State must observe these holidays. He said the only thing new in a fixed holiday is the • floating holiday. Councilman Gellert asked the Finance Director if this would be going beyond any MOTION: union contracts, to which the answer was no. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN GOULD, THAT ORDINANCE #1862, STATING VACATION TIME AND HOLIDAYS, BE ADOPTED. MOTION CARRIED. Councilman Gould advised he would not be present for the meetings of August 31, September 14, Septem- ber 21, and September 28. Councilman Gould said he had attended a meeting the previous evening at the Junior High School of a group of people interested in a gymnastics program. He said they were concerned as to what facilities they would use if the Junior High School is sold. Another major concern was the amount of insurance the City requires. He said they are required to have $1,000,000 in insurance, which costs about $1,700 per year. They wondered if the City couldn't lower that level of insurance. He said Al Carter, who gave a presentation before the Council some time ago, runs the program and is on the Junior High School Building Task Force. Councilman Gould said he had told these people that the City is losing $2,000 per month on.the building, but that he thought the first step is to let the other people in the City know that if and when the School Board places a proposition on the ballot to sell the Junior High School, which they must do before selling it, that is when the people must speak up and say they don't want it sold --that they have paid for it and want to keep it. He said he had encouraged them to work with the Task Force, the School Board, and the City to see if they can't come up with ways to con- tinue having the use of that excellent facility. He said it also should be considered that, in light of the two levy failures, the physical education programs are likely not to be at the junior high level, and people might want to take their children to a place where they have opportunities for such things as gymnastics, etc. Councilman Gellert noted that there had been an extensive article about the Junior High School in Sunday's Seattle Times. He said he didn't know if it would do any good, but the Seattle papers are cognizant of it. Councilman Carns said he had been to the recent Planning Commission meeting where there was a discus- sion regarding zoning of the Junior High School and Elementary School properties, and the Planning Commission's recommendation will be coming to the City Council shortly. He suggested the properties could be zoned open space so they could not be used for anything else and, even if the School Board were allowed to sell them, property zoned Open Space may not go for an amount nearly as high as if it • were zoned otherwise. There was a question as to the propriety of such a rezone, and Mr. Wallace said