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19770201 City Council MinutesC� February 1, 1977 The regular meeting of -the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Phil Clement J. Herb Gilbo, M.A.A. Ray Gould Mike Herb Leif Larson, City Engineer Max Gellert Joe Wallis, City Planner John Nordquist Rod Garretson, Park Planning & Rec.Dir. Robert Anderson Irene Varney Moran, City Clerk Tom Carns Lila Crosby, Finance Director Marlo Foster, Police Chief John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7.:41 p.m.) Councilman Gellert requested that Item (D) be removed from the Consent Agenda for clarification. Councilman Carns requested that Item (C) be removed. Councilman Gould noted that a correction had been made by the City Clerk's office on page 3.of the minutes of January 25.. In the caption for P.C. Resolution 546 on that page the file number should have been indicated as CP-2-76. MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEMS .(A)'AND (B).OF THE CONSENT AGENDA. MOTION CARRIED. Those items were: (A) Approval of Minutes of January 25, 1977, as corrected. • (B) Set February 15 for hearing P.C. Resolution 548, recommending approval of amendment to Official Street Map to reduce the right-of-way on 30th Avenue West, between 206th S.W. and 212th S.W., from 60' to 50'. FILE ST-1-77 AUTHORIZATION FOR MAYOR TO EXECUTE EXCHANGE OF EASEMENTS - EIPPER SUBDIVISION AT 86TH AVENUE W. AND MAIN STREET (Item (D) on Consent Aqenda) From the drawing prepared by the Engineering Department it had appeared to Councilman Gellert that the City was giving up property in exchange for an easement. City Engineer Leif Larson clarified this, explaining that only easements were being exchanged and that the City would be .obtaining a 15' wide easement for a pedestrian trail on the south. side of the subdivision. MOTION: Councilman Gellert was satisfied with the explanation. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT., SECONDED BY COUNCILMAN ANDERSON, TO AUTHORIZE THE MAYOR TO EXECUTE THE EXCHANGE OF EASEMENTS. MOTION CARRIED. APPROVAL OF FINAL PLAT - AMENDED BIRCH -ADDITION NO. L (Item (C) on Consent Aqenda) Councilman Carns said the material for this item had not been in the Councilmen's packets and, therefore, they had been unable to review it before the meeting. He said he had now read it and had no.problem with it. Tom Belt, the developer of the plat, was present and explained the MOTION: change. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN NORDQUIST, THAT THE AMENDED FINAL PLAT OF BIRCH ADDITION NO. 1 BE APPROVED. MOTION CARRIED. MAYOR'S APPOINTMENTS (7:58 p.m.) Mayor Harrison offered for confirmation the following appointments: For appointment to Position 2 on the Park Board, Harland Beery, term to expire September 19, • MOTION: 1981. A MOTION TO CONFIRM THIS APPOINTMENT WAS MADE BY COUNCILMAN NORDQUIST AND SECONDED BY COUNCILMAN GELLERT, MOTION CARRIED. For appointment to Position 3 on the Park Board, Doug Adams, term to expire September 19, 1981. MOTION: A MOTION TO CONFIRM THIS APPOINTMENT WAS MADE BY COUNCILMAN CARNS AND SECONDED BY COUNCILMAN ANDERSON. MOTION CARRIED. For appointment to newly created Position 8 on the Board of Adjustment, Diane Steinke, term to MOTION: expire December 31, 1977. A MOTION TO CONFIRM THIS APPOINTMENT WAS MADE BY COUNCILMAN CARNS. AND SECONDED BY COUNCILMAN ANDERSON. MOTION CARRIED. For appointment to newly created Position 9.on the Board of Adjustment, Alice Stole, term to -MOTION: expire December 31, 1978. A MOTION TO CONFIRM THIS APPOINTMENT WAS MADE BY COUNCILMAN NORDQUIST AND SECONDED BY COUNCILMAN GOULD. MOTION CARRIED. Councilman Gould welcomed Mrs. Steinke and Mrs. Stole who were in the audience. He also recommended that in the future, portions of the Code regarding specific positions be given to the prospective appointees to familiarize them with the position. Appointees are given materials regarding their positions after they are appointed, but Councilman Gould suggested I they should get these materials prior to their official appointment. COUNCIL PARTICIPATION (8:08 p.m.) Councilman Gould said he had attended the February 26 Planning Commission meeting when the proposed Sign Code was discussed. He said the meeting was well attended. The result was that the Planning Commission has established a committee to rework the details of the proposed Code. The committee will include people from the Planning Commission, the Edmonds and South County Chambers of Commerce, the Amenities Design Board, the Beautification Committee, businessmen from Westgate, downtown, and Highway 99, and citizens at large. They will report back to the Planning Commission in 3 to 6 months with a revised draft Sign Code. • 39 • 1 MOTION: 1 MOTION: MOTION MOTION: C� MOTION: 1 MOTION: 1 Councilman Gellert had sent a memorandum to the Mayor and Council suggesting an informal or work meeting discussion on two topics. One was whether it is appropriate for the City to be a member of the South Snohomish County Chamber of Commerce when that body takes stands on items affecting the City of Edmonds. The other was what the role of the Amenities Design Board should be in determining the aesthetic appearance of signs in the Ci-.ty. It was suggested these items could be discussed at a dinner meeting. March 29 was suggested, and the City Clerk will determine whether this date is satisfactory to all of the Council. The press was invited to attend. Councilman Carns noted that about 20 pages of material, had been given the Council this evening for items on this evening's agenda. He sai,.d.he�liked, to look at any.properties set for discussion before that discussion and liked to review the material prior to the meeting. He suggested that if the material on specific items is not ready to be mailed in the packets on Friday, that that item should be stricken from the agenda and moved to another date. Councilman Gould said he was in agreement on Items 7 and 10 for this evening's agenda. He said that Item 8 was a second reading of an ordinance so he felt that could stay on the agenda and that there was a request to continue Item 9. A MOTION WAS MADE -BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT ITEM 7 (HEARING ON P.C. RESOLUTION 544) BE CONTINUED TO FEBRUARY 15. MOTION CARRIED. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO CONTINUE ITEM 9 (PROPOSED RESOLUTION OF INTENTION FOR STREET IMPROVEMENTS ON 77TH PL. W. AND 209TH STREET S.W.) TO FEBRUARY 8. MOTION CARRIED. Mayor Harrison asked Park Planning and Recreation Director Rod Garretson to report on the parking for the proposed fishing pier. Mr. Garretson reported that the Port Commissioners had approved a new draft Agreement for maintenance and operation of the proposed fishing pier. The new draft had some changes which had not been before the Council, and Mr. Garretson had outlined them in a memorandum and he reviewed them for the Council. Ray Buckley of the Department of Fisheries was present and he felt the Agreement in its form as presented would be acceptable to the Department of Natural Resources., A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST-, TO -AUTHORIZE THE MAYOR.TO SIGN THE REVISED AGREEMENT, DATED JANOARY`27,VO� , FOR MAINTENANCE AND OPERATION OF THE PUBLIC FISHING PIER. MOTION CARRIED. Mr. Buckley then thanked the City for having written to the Department of Natural Resources. He said that the Department of Natural Resources, however, had accepted its attorneys' position that it is unconstitutional to make recreational use of harbor property, in spite of the fact that they had encouraged the Fisheries Department. They also had indicated, in a contradictory statement, that if it were possible, there would have to be a lease agreement for 20 years with a minimum fee paid to them, but they had not stated what the fee would be, indicating only that they must make a profit. He reiterated that they are opposed to recreational projects in harbors. He said the Fisheries Department is trying to get a 30-year lease which is necessary for IAC funding. He felt that good land use warranted interim use of the harbor for recreational purposes. He though they were seeing a delay situation, and he noted the possibility that it may turn out to be cost prohibitive. Councilman Gould said the City should go to its legislators to try to straighten this out. He felt this was a serious matter and that it should be handled with all the help possible. Councilman Anderson agreed, saying there was no excuse for the Department.of Natural Resources encouraging the Fisheries Department on an oral basis and then pulling back their agreement. Mr. Buckley pointed -out that the encouragement had been more than oral, that they had written.documents also. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, THAT THE MAYOR'S OFFICE BE AUTHORIZED TO CONTACT APPROPRIATE LEGISLATORS REGARDING THE DISPOSITION OF THIS PROPERTY, AND TO WORK WITH THE DEPARTMENT OF FISHERIES AND DEPARTMENT OF NATURAL RESOURCES TO BRING THIS ITEM OUT INTO THE OPEN AND RESOLVE IT, AND ALSO TO MAKE OUR LEGISLATORS AWARE OF THE KINDS OF PROBLEMS THAT THE CITY IS HAVING WITH STATE GOVERNMENTAL AGENCIES. MOTION CARRIED. Councilman Gellert asked if it were possible for Mr. Buckley to get together with the Staff who will draft the letter to the legislators to be sure that they have the correct facts. Mr. Buckley said he would be agreeable to that. Mayor Harrison brought to the Council's attention an invoice -in connection with the appraisal of.a portion of the Brookacres property. The appraisal had been authorized at the November 30, 1976 meeting, but no provision had been made for funds. He recommended funds be transferred from the Contingency Fund for this payment. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN NORDQUIST, THAT THE FINANCE DIRECTOR BE INSTRUCTED TO TRANSFER $350 FROM CONTINGENCY FUND 119 TO THE GENERAL FUND 001, DEPARTMENT 12, TO PROVIDE FUNDS FOR PAYMENT OF THE BROOKACRES APPRAISAL. MOTION CARRIED. SECOND READING: PROPOSED ORDINANCE TO INCREASE WATER AND SEWER RATES (8:45 p.m.) Mr. Larson said the proposed ordinance had been revised based upon suggestions at the January 18 Council meeting. He had also submitted supplemental information as requested at that meeting. Fie recommended approval of the ordinance. The public hearing was opened, no one wished to speak, and the public hearing was closed. Councilman Gellert asked if the meeting had been publicized by the press, and it was noted there had been an article in this evening's Western Sun indicating this item would be heard this evening. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO ADOPT ORDINANCE 1898, INCREASING THE CITY WATER RATES AND UTILITY RATES. MOTION CARRIED. PROPOSED CODE AMENDMENT REQUIRING STREET AND UTILITY IMPROVEMENTS UNDER REMODELING -TYPE BUILDING PERMITS (8:45pm City Engineer Leif Larson said the proposed code amendment would require that when there are major changes to a building or use of a building, plans would have to be submitted for street and utility improvements necessitated by the change for the public health, safety, and general welfare. He said new construction includes such plans, but remodeling or changing use does not. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, TO ADOPT ORDINANCE 1899, REQUIRING STREET, WATER, SEWER AND DRAINAGE FACILITIES WHEN A BUILDING PERMIT IS ISSUED FOR.REMODELING THAT WILL AFFECT ABUTTING PUBLIC IMPROVEMENTS. Mr. Larson was asked whether driveways would be included. He replied that if a cut were required for entrance to a carport or garage then this would be included. MOTION CARRIED. PROPOSED REVISED CRIMINAL CODE (8:58 p.m.) Police Chief Foster said one chapter of the revised code had already been ruled out by the State Supreme Court. He said it would have to be either deleted or rewritten for the Edmonds City Code, and the City Attorneys suggested rewriting it. He said he has used this section very much and would like to see it rewritten and left in. He suggested the Council examine it and offer any input. He suggested it be discussed at the February 8 meeting and then be placed on the February 15 Consent Agenda. City Attorney Wayne Tanaka added that the section declared unconstitutional had been so ruled because it was too vague. 40 40 He said if they narrowed it down it probably could withstand a challenge. Councilman Herb had • submitted copies of RCW 9A.68.030, the chapter on Bribery and Corrupt Influence, for consideration in the Edmonds Code. City Attorney John Wallace felt that section was appropriate for the State but not for the City of Edmonds. Councilman Anderson suggested that in 5.14.020(6) the term "mentally MOTION.: ill person" be substituted with "mentally or emotionally ill person." A -MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON, THAT THE PROPOSED REVISED CRIMINAL CODE BE PLACED ON THE FEBRUARY 8 AGENDA FOR DISCUSSION AND ON THE FOLLOWING WEEK'S CONSENT AGENDA. MOTION CARRIED. ACKNOWLEDGE RECEIPT OF NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS -VICINITY OF 224TH STREET S.W..AND HIGHWAY 99 (9:12 p.m.) City Engineer Leif Larson had prepared a memorandum indicating the area proposed for annexation. He recommended a hearing date be set, and he suggested March 1. City Attorney John Wallace then. MOTION: explained the process of annexation by petition. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT MARCH 1 BE SET AS HEARING DATE WITH THE PETITIONERS TO DETERMINE THAT THEY WILL ASSUME THE CITY.'S INDEBTEDNESS. MOTION CARRIED., - Mayor Harrison asked the City Engineer to check on the jurisdiction of the property where the Lynnwood treatment plant is located. There was no further business to come before the Council, and the meeting was adjourned at 9:20 p.m. 44a�z d ' 'IRENE VARNEY MORAN, ty Clerk February 8, 1977 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. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Mike Herb J. Herb Gilbo, M.A.A. Ray Gould Leif Larson, Director, Public Works Dept. Phil Clement Joe Wallis, Director, Community Devel. Dept. Max Gellert Marlo Foster, Police Chief John Nordquist Jack Cooper, Fire Chief Robert Anderson Irene Varney Moran, City Clerk Tom Carns Lila Crosby, Director, Finance Dept. John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:36 p.m.) MOTION: A MOTION WAS MADE.BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Approval of Minutes of February 1, 1977. (b) Approval of Amendment to King -Snohomish Manpower Consortium Interlocal Government Agreement. COUNCIL (7:37 p.m.) Councilman Gould suggested Agenda Item 9 (Review of Public Official Disclosure Ordinance) be MOTION: reviewed at a subsequent meeting as Councilman Herb was not present. A MOTION WAS THEN MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, THAT AGENDA ITEM 9 BE PLACED ON THE MARCH 8 AGENDA. MOTION CARRIED. MAYOR (7:40 p.m.) Mayor Harrison noted that there is the new "Mayor's" section on the Agenda. He also advised if any of the Council has material for the packets it should be submitted to the City Clerk by noon on the Friday before the meeting. Mayor Harrison advised that District Engineer Wes Bogart had indicated that he will support the City's request for reduction of the speed limits on SR 524 to 30 mph and will make such presentation before the Highway Commission. Mayor Harrison also advised that the Department of Natural Resources has agreed to a lease, agreement which is acceptable to the Fisheries Department. It appears that they can now go forward with the fishing pier project. 1 1 • 1 1 1