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19770222 City Council Minutes44 • MOTION: MOTION: MOTION: ., He indicated:a length of right -of -way -which he owned and which the City would need in order to straighten out a portion of the proposed right-of-way change and said he would give his portion of the right-of-way to the City to accomplish this, and the City could then in turn give the necessary portions to the owners on the opposite side of the street. Swan Seaberg of 8006-206th Avenue S.W., who had represented the neighborhood at the Planning Commission hearing on this item, said most people of the neighborhood were Very happy with what Mr. Larson had proposed. Bill Gluth of 20909-80th Avenue W., had a question pertaining to his own property because his house is so close to the street. He was satisfied after further explanation that the proposed right-of-way change would not adversely affect.his property. The public hearing was then closed. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, THAT ORDINANCE 1903 BE ADOPTED, PURSUANT TO P.C. RESOLUTION 548. .MOTION CARRIED. Councilman Nordquist thanked Harold Dudley for his generous offer and urged that the Staff take immediate action to accomplish the paperwork required. He also asked that the Staff investigate a recent property sale in the subject district wherein,a right-of-way dedication was made which would not be necessary under the adopted proposal. He suggested that the portion dedicated should be vacated. City Attorney John Wallace advised that any vacation would have to go back through the Planning Commission_, that this was Council policy. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GELLERT, THAT THE POSSIBLE VACATION OF THE STATED RIGHT-OF-WAY DEDICATION BE REFERRED TO THE PLANNING COMMISSION FOR REVIEW. MOTION CARRIED. REPORT FROM PUBLIC WORKS DIRECTOR ON CONDITION SURVEY OF EMERALD HILLS STREETS (8:47) r Public Workst,Director Leif Larson displayed a map indicating the rights -of -way the Emerald Hills _ residents are desirous of deeding to the City. He had distributed a memorandum regarding the condition of those streets. He noted that the sidewalks were all on private property and that there were some items which should be discussed with the Emerald Hills Homeowners Association to see if they could be resolved. He said if the roadways were.all that the Association was ..interested in deeding, there would be little problem. However, if the sidewalks were to be involved there were. some problems to be resolved. He said the private roads in this plat had.been engineered and designed to City standards. Darrol.Haug, President of the Emerald Hills Homeowners Association, said their intention was to deed only the.streets and not the sidewalks. He said their Association would continue to maintain.the islands and the.parks. A MOTION. WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, THAT THE CITY STAFF BE AUTHORIZED TO MEET WITH THE EMERALD HILLS HOMEOWNERS ASSOCIATION TO FURTHER DISCUSS AND ARRANGE A SUITABLE AGREEMENT TOWARES DEEDING THE STREET RIGHTS -OF -WAY TO THE CITY OF EDMONDS, AND TO REPORT BACK TO THE COUNCIL APRIL 19. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 9:00 p.m. IRENE VARNEY MORAN, Coty Clerk H. H. HARRISON, Mayor 1 1 E February 22,,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 Harve Harrison, Ray Gould Phil Clement Max Gellert John Nordquist Robert Anderson Tom Carns Mike Herb STAFF PRESENT Mayor Marlo Foster, Acting M.A.A. Leif Larson, Public Works Director Joe Wallis, Community Development Director Jack Cooper, Fire Chief Lila Crosby, Finance Director Irene Varney Moran, City Clerk Dick Allen, Assistant City Engineer Don Burton, Park Maintenance Supt. John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:41 p.m.) Councilman Gellert asked that Item B, Proposed Revised Criminal Code, be removed from the Consent Agenda for some clarification, and Councilman Gould asked that Item E, Approval of Depository MOTION: Agreement for Bank Services, be removed. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, THAT THE BALANCE OF THE CONSENT AGENDA BE -APPROVED. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Approval of Minutes of February 15, 1977. (C) Adoption of Ordinance 1904, allowing Townhouses in RM Zones, pursuant '. to P.C. Resolution 541. (D) Adoption of Resolutions 373 and 374, transferring money from Contingency Fund 119 to Council Fund 001 for the Staff/Council Retreat, and transferring money from the Contingency Fund 119 to Dept. 12 for•t,he Brookacres appraisal, respectively. • 1 0 February 22, 1977 (Continued) S(F) Authorization for Mayor to,enter into a one=year contract with Stephen Conroy to represent indigent defendants for the,City of Edmonds at a charge of $45.00 per case, with no minimum charge per month. PROPOSED REVISED CRIMINAL CODE (ITEM(B)on Consent Agenda) Councilman Gellert felt there had been an omission when two new pages were inserted into the previous draft, in that part of the original page 27 was omitted when the new page 27 was prepared. This was MOTION:clarified*during the meeting by City Attorney Wayne Tanaka, and COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN CARNS, THAT ORDINANCE 1905 BE APPROVED, ADOPTING THE PROPOSED REVISED CRIMINAL CODE.. MOTION CARRIED. APPROVAL OF DEPOSITORY AGREEMENT FOR BANK SERVICES (ITEM (E) on Consent Agenda) 45 Finance Director.Lila Crosby had submitted a recommendation to enter into a two-year contract with -Peoples Bank),for bank services, based upon receipt of bids from all the banks within the Edmonds city limits.. Councilman Gould inquired regarding the savings of $4,000 to $6,000 she ha& stated would result from the contract with Peoples Bank. She responded that..the difference is because the bank balance requ,i.rement would be only $49,450 with Peoples, as compared.with $120,000 or $170,000 with the other two banks, and she would-be investing that difference in overnight repurchase agreements. She was asked whether the $49,450 balance would be collected or uncollected. She referred this question to Hugh Williams, Manager of the Edmonds Branch of Peoples Bank, who said they would hope they would be collected.balances but the City would not be held to that inasmuch as, it is not specified. A discussion followed regarding the use of warrants as opposed to checks, and whether the City possibly should change to checks. Bill Mills, Vice -President from the head office of Peoples Bank, said they would lower the balances commensurately if the City should decide to go to checks. With regard to renewal of the contract he said he would assume if the City were satisfied with the Bank's services, and if the Bank were also satisfied, hewould assume it.could be renewed. He said he also would assume that at the • end of two years the City would put it out for bid again, or not renew with them, if the City were dissatisfied. Councilman Nordquist said -he thought this should be looked at again at the end of two MOTION: years. A MOTION WAS MADE BY COUNCILMAN CARNS,.SECONDED BY -COUNCILMAN CLEMENT, THAT THE DEPOSITORY AGREEMENT FOR BANK SERVICES WITH PEOPLES BANK BE APPROVED. MOTION CARRIED. A MOTION WAS MADE BY MOTION: COUNCILMAN HERB THAT THE FINANCE DIRECTOR SUBMIT A REPORT REGARDING THE FEASIBILITY OF THE CITY'S CHANGING TO THE USE OF CHECKS, RATHER THAN WARRANTS, SUCH REPORT TO BE SUBMITTED AT THE MARCH 1 MEETING. (Failed) MOTION FAILED FOR LACK OF A SECOND. A MOTION WAS MADE.BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CLEMENT, MOTION: THAT THE CITY AGAIN CALL FOR BIDS ON A DEPOSITORY AGREEMENT FOR BANK SERVICES AT THE END OF TWO YEARS. MOTION CARRIED. Regarding the advantages to.the City by getting bids for bank services, Mayor Harrison said he thought it would save money, would establish good understanding between the Bank and the City as services are defined, and would eliminate any public criticism of showing favoritism. COUNCIL (8:05 p.m.) Councilman Nordquist said there has been some concern regarding a plot in the Westgate area where the Mobil station at one time was located. He said it had been suggested that the City might possibly acquire it and improve the appearance of it. He said a local businessman had offered to furnish a "Welcome to Edmonds" type of sign for it. Mayor Harrison said it was his understanding that the property already had been acquired by another party. Councilman Gould called to attention the request that the Councilmen make appointments to meet with representatives of the Effectiveness Resource Group in connection with the upcoming Staff/Council retreat. The Councilmen each indicated when they would be available. MAYOR (8:06 p.m.) Mayor Harrison announced there is an opening on the Library Board for which he was recommending appointment of George Benson. He said Mr. Benson will be available to meet with the'�'Council at 7:15_p.m., • March 1. His appointment will then be placed on the Consent Agenda. Mayor Harrison advised that.Public Works Director Leif Larson had requested authorization to call for bids on the installation of waterlines in Phase IV, Schedule E, of the Water Revenue Bond Issue, with MOTION: a bid date of March 15. Mr. Larson then indicated on a map which areas would be involved. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO AUTHORIZE THE REQUESTED CALL FOR BIDS ON MARCH 15, 1977. MOTION CARRIED. MOTION: HEARING ON P.C. RESOLUTION 536, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO SEC. 12.16.070 OF ZONING CODE TO PERMIT LANDFILLS AND EXCAVATIONS OF 500 CU. YDS. OR MORE WITHOUT CONDITIONAL USE PERMIT WHEN IN CONJUNCTION WITH APPROVED SUBDIVISION OR PLAT (FILE ZO-17-76) (8:16 p.m.) r Community Development Director Joe Wallis reported that there had been a public hearing on this item on Janu,a:ry.`4,bu_t action could not be taken at that time because amendments to the Subdivision Code must be sent to the State 30 days prior to their enactment in final form. He read the new language which had been incorporated. He said the environmental review had been completed and the threshhold determination, finding no significant adverse environmental impact. He gave several examples of instances where the Conditional Use Permits will still be required. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN-NORDQUIST, THAT;ORDINANCE 1906 BE ADOPTED PURSUANT TO P.C. RESOLUTION 536. MOTION;CARRIED. HEARING ON P.C. RESOLUTION 543, RECOMMENDING APPROVAL OF AMENDMENT TO SEC..12.10.150(2), APPEAL PROCEDURE OF.SUBDIVISION CODE (FILE ZO-23-76) (8:20 D.m.) Mr. Wallis said there is a provision in the Subdivision Ordinance that the hearing held,by the Staff may be appealed within 15 days of the hearing, but there is no requirement that a reason be provided for the appeal. He said they are asking for an amendment that would require that reasons be given for the appeal. He said this could be for the applicant's benefit as well as the Planning Commission's benefit. 0 46 • Councilman Carns said the Planning Commission members usually try to visit the properties coming up for hearing and this would be an aid to them'as they could examine the specifics for the appeal. Councilman Gellert said a denial would give cause immediately for an appeal, and he felt the applicant would be prejudicing himself before the Planning Commission by having to state reasons. The public hearing was opened, no one wished to speak, and the public hearing was MOTION: closed. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO ADOPT ORDINANCE 1907 PURSUANT TO P.C. RESOLUTION 543. MOTION CARRIED, WITH COUNCILMAN GELLERT VOTING NO. HEARING ON COMPREHENSIVE POLICY PLAN MAP AND ENVIRONMENTAL IMPACT STATEMENT (8:26 p.m.) Mr. Wallis said the City Attorney had advised that a copy of this should be filed with the City Clerk before it can be heard. Therefore, this evening he wished to review the amendments and, if they are satisfactory, he would prepare it in final form and file it with the City Clerk and it would be heard on a future date. He reviewed the amendments as recommended. It was suggested that the Commercial area designation on the east side at Perrinville, just abutting 76th, should be extended south. There was some discussion of the Commercial areas indicated along Highway 99, and Mr. Wallis explained that the Map indicated that the Commercial activity should be confined to the Highway, although it has expanded in some areas presently. He stressed that this was not an inventory of what is there,but rather a -guideline for what is desired --that the Commercial activity not expand any further. After this discussion City Attorney John Wallace advised that prior to adoption three copies of the Map and three copies of the Plan must be on file with the MOTION: City Clerk. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE ENTIRE AREA BETWEEN 76T:H AVENUE, OLYMPIC VIEW DRIVE, AND THE COMPREHENSIVE PLAN BOUNDARY MOTION: BE DESIGNATED AS "COMMERCIAL." MOTION CARRIED, WITH COUNCILMAN CLEMENT VOTING NO. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON, THAT THE COMPREHENSIVE POLICY PLAN MAP BE APPROVED AS PRESENTED AND INCORPORATING THE CHANGE STATED IN THE PREVIOUS MOTION. MOTION CARRIED. PROPOSED RESOLUTION REGARDING OUTSIDE EMPLOYMENT (8:40 p.m.) • City Attorney John Wallace stated that the power of the City to regulate outside employment is contained in the Memorandum of Authorities previously distributed to the Mayor and Council. He said the State of Washington had upheld the total. prohibition of outside employment, particularly as to the uniformed services. He suggested that the Chiefs -of the uniformed services speak with respect to their thoughts and what is proposed in the regulation with respect to what type of outside ..employment, if any, would be permitted. Police Chief Marlo Foster said there are a number of valid reasons for off -duty employment, e.g., hardship; for the good of the community as in school functions, road hazards, etc.; professional enhancement as with one employee who was a very good college instructor in police sciences; and recreation and creative purposes. He said there are also some risks in secondary employment, e.g., limited production at a high rate of efficiency, over -tiredness creating accident risks, conflicting interests, and the assumption of liabilities or responsibilities by an employer in regard to the LEOFF Plan. He said if outside employment is prohibited, the valid reasons are being eliminated, and if there are no restrictions for outside employment then the City is opening itself to some of the other concerns which are also valid. He said he personally believed that a reasonable policy that can be agreed upon and administrated would allow the City to enjoy the "best of both worlds." He said he did not advocate prohibiting outside employment, nor did he advocate allowing any kind of outside employment. Fire Chief Jack Cooper said he could not add much more to Chief Foster's remarks. He said firefighters would have more time to be involved in some of these off -duty things and as long as there was the opportunity to scrutinize the outside employment he thought that was satisfactory. It was noted that the problem as relating to nonuniformed personnel was much less as compared to uniformed personnel, and that the restrictions in the proposed ordinance were less. The public portion of the hearing was then opened. Jon Rabine, Secretary -Treasurer of Teamsters Union Local 763, said he represented Edmonds officers and public works employees. He said it would be the unanimous position .that the adoption of this policy would be tantamount to an unfair labor charge. He said this was a mandatory subject of negotiations and should be dealt with through the bargaining representative and through the bargaining process. He said with this ordinance there would be establishing a new condition of employment that heretofore did not exist. City Attorney John Wallace referred to the • personnel policy that has been in effect for a number of years and said Mr. Rabine was incorrect that a new condition of employment was being established. Ken Rekow, an attorney representing the firefighters in the City, said he believed the firefighters would believe that the ordinance itself may be unlawful and even may be unconstitutional. He said there are no standards in this ordinance, that it is left to the judgment of the supervisor and therefore is no better than those administering the ordinance. He said the law requires that the ordinance be specific. He said this ordinance is not restricted to conflict of interest situations, but it is looking at the insurance situation ..and that is a matter that has been taken care of by the State. He said the ordinance is arbitrary ...because it applies to people who are employed and not working for themselves. He said regulating a fireman or policeman in not allowing him to work in another job is really affecting his compensation. He noted that the insurance requirements are very difficult, that there would be very few employers who could cover these people with insurance, so jobs will not be available to them. As a result, he said that the next time they are bargained with they will want a lot more money to compensate them for this lack of outside employment. He said the ordinance is vaguely drafted as the intent misses the point which is the insurance loss of the State. He said the City should go to the legislature for redress, and that this ordinance would create more problems than it would solve. Tom Tyszko, who is a firefighter, said he has outside employment with the federal government (reserve military policeman) and he did not believe the City could require him to indemnify it for something he does for the federal government, nor did he need the City's permission to do so. He said they agree they should not engage in any kind of employment that would cast any negative reflection on the City, that they believe in conflict of interest rules. He felt that'if the City limits what he can do off duty that somebody should make up the money he cannot make during that time. He also pointed out that insurance equal to LEOFF benefits is not available. Park Maintenance Superintendent Don Burton said he would rather it be more open and there be'some way to regulate the insurance side of it. He felt this ordinance would create ,.a..morale problem and would be difficult to enforce. 0 February 22, 1977 (Continued) i Assistant City Engineer Dick Allen said he.was not representing anyone but he had discussed this with several people in the office and they feel this does begin to infringe on the employees' rights on the outside.. He said they are diligent and think it is a benefit to the employees to have an opportunity -to work in religious, fraternal, and other organizations without having it monitored by a department head. He said he supported items 2 and.3 and his objection was the reporting of. --the employment to the department head. He felt that if there is an insurance problem the City should get onto the legislature to get it changed. The insurance problem was discussed and also the question of whether there had been any outside employment causes of disability. Neither Chief could recall any instance when outside employment had been a cause of disability. Councilman Gould said he had a strong feeling that the administrative group should very carefully consider its relationships with all its employees, particularly the uniformed personnel, and that all actions should be very carefully considered. It did not appear to him that it would be fruitful to take action to pass this ordinance, and he said what really needed to be done was to take steps to correct the LEOFF Act. He felt this MOTION: matter should,be dropped. After some further discussion along this line, A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN NORDQUIST, THAT THE MATTER BE TABLED. MOTION CARRIED. PROPOSED DOWNTOWN PARKING ORDINANCE (9:45 p.m.) Mayor Harrison excused himself from this hearing because he owns property in downtown Edmonds. Mayor Pro tem Phil Clement assumed chairmanship of the meeting.. Mr. Wallis said this proposed ordinance would -require nonconforming uses to come into compliance at the time of a substantial change of use of the building or a change in ownership. He thought it would create a more equitable.situation. Councilman Anderson had an objection which he had raised before, i,n that he thought there might be a question of fairness in requiring parking spaces of 1 for each.600 sq. ft. in the downtown area but varying in other areas depending on use. Councilman Carns was concerned because this ordinance was so similar to that recently voted down after much testimony from the community. City Attorney John Wallace responded that this was true, but two weeks after that vote the Council had instructed the City Attorney • to draft this ordinance. It was noted that this ordinance provides for availability of parking in the future in the case of new development. So there is no immediate cost to anybody unless someone develops his property. It was also noted that there was nobody present to object to the ordinance tonight, even though it had been publicized, because it puts the costs on other people in the future. A question was raised regarding paragraph (3)(b) of Section 12.14.021, in regard to change in ownership because of inheritance. It was suggested the wording be changed to reflect that compliance would be required by reason of a sale -type of transaction in order to.exempt the inheritance -type transaction. MOTION: There was some further discussion and then A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT THIS ITEM BE CONTINUED TO MARCH 1. MOTION CARRIED. Councilman Gellert said this should be a public hearing and representatives of the downtown community should be given adequate notice of the hearing. He asked that the ordinance be disseminated at least to the Chamber of Commerce. There was nol•further business to come before the Council, and the meeting was adjourned at 10:25 p.m. 77� IRENE ARNEY�MORAN, Cit Clerk H. H. HARRISON, Mayor March 1, 1977 • The regular meeting of the Edmonds Mayor Harve Harrison in the Council City Council was called to order at 7:35 p.m. by . Chambers of the Edmonds Civic"Center. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor J. Herb Gilbo, M.A.A. Ray Gould Leif Larson, Public Works Director Phil Clement Joe Wallis, Community Development Director :.Max..Gellert = Marlo Foster, Police Chief John Nordquist Rod Garretson, Park Planning & Recreation Dir. Robert And Irene Varney Moran, City Clerk Tom Carns Lila Crosby, Finance Director Mike Herb John Wallace, City Attorney Wayne Tanaka., City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:36 p.m.) Councilman Gellert asked that Item F, authorization for purchase of three police cars, be removed from MOTION:the Consent Agenda for clarification. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Approval of Minutes of February 22, 1977. (B) Confirmation of Mayor's appointment of George Benson to Position 2 on the Library Board, term to expire December 31, 1980. (C) Approval of Public Health Contribution Agreement. 11