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19770322 City Council Minutes55 • March 15, 1977'(continued) people make left hand turns going .in and out.of that.parking lot,.and these changes might alleviate the problem. He agreed that the traffic was too fast on'212th. The public discussion,was then.closed. MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT, THAT THE.CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE REDUCING THE SPEED LIMIT ON 212TH,BETWEEN HIGHWAY 99 AND FIVE...CORNERS MOTION: TO-30 MPH. MOTION CARRIED. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORD- QUIST, THAT A HHARING BE SET FOR APRIL 19 REGARDING ELIMINATION OF PARKING ON 212TH. MOTION CARRIED. REVIEW ON USE OF CONSENT.AGENDA (10:40 p.m.) Councilman Nordquist had asked that the use of a .Consent Agenda be reviewed after six months. -and at this time he said he would like to commend City Clerk Irene Varney Moran for urging the use of this tool. There was general agreement that the use.of the Consent Agenda had been very successful. Councilman Gellert requested that in the -future any':ordinance appearing on the Consent Agenda be assigned a number. MOTION: Councilman Carns asked if'the verbal roll call could.not be eliminated. COUNCILMAN CANRS THEN MOVED, SECONDED BY -COUNCILMAN HERB, THAT THE'VERBAL ROLL CALL; BE ELIMINATED._ A,ROLL.CALL VOTE.WAS TAKEN, WITH COUNCILMEN CARNS, HERB, ANDERSON, GELLERT, AND GOULD VOTING YES, AND COUNCILMEN CLEMENT AND NORDQUIST VOTING NO. MOTION CARRIED. REVIEW OF POLICY REGARDING CLAIMS (10:45 p.m.) Councilman Gellert said this item should be only in.regard to extraordinary claims and none had occurred since the incidents which resulted in the request for this review. It was noted that generally after the claim is sent to the insurance company the City is not aware of the results unless the citizen returns to complain. Councilman Nordquist said that some time ago the Council had requested quarterly reports of claims and disposition. .1 is There was no further business.to come before the Council, and the meeting was adjourned at 10:46 p.m. IRENE VARNEY MORAN, ty Clerk H. H. HARRISON, Mayor March 22, 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. PRESENT Harve Harrison, Mayor Ray. Gould Phi-1 Clement Max Gellert John Nordquist Robert Anderson Tom Carns Mike Herb CONSENT AGENDA (7:35 p.m.) STAFF'PRESENT J. Herb Gilbo, M.A.A. Leif Larson, Public Works Director Joe Wallis, Community Development Director Irene Varney Moran, City Clerk Lila Crosby, Finance Director Jack Cooper, Fire Chief Don Burton, Building & Grounds Superintendent John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk Mayor Harrison asked that Item (C), "In Lieu Of" Parki.ng Ordinance,.be removed from the Consent Agenda; Councilman Nordquist asked that Item (G), Authorization of Call for Bids on Purchase of Fertilizer,.be :~ removed; and Councilman Carns asked that Item (H), Authorization of Call for Bids on Purchase of Mower, MOTION: be removed. A MOTION WAS MADE BY COUNCILMAN. CARNS, SECONDED BY COUNCILMAN NORDQUIST,. THAT THE BALANCE OF THE CONSENT AGENDA BE APPROVED. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Roll Call. (B) Approval of Minutes of'March 15, 1977. (D) Adoption of Ordinance 1911, adopting 1977 edition of APWA "Standard Specifications." (E) Authorization to sell surplus fire hydrants. .(F) Acknowledgment of receipt of Claim for Damages from Herbert L. Munson in the amount of _ $241.9.0. "IN LIEU OF" PARKING.ORDINANCE [Consent Agenda Item (C)] Mayor Harrison asked to be excused from this discussion because he owns property in the downtown business district. Mayor Pro tem Phil -Clement chaired the discussion. Community Development Director 40 56 March 22, 1977 (continued) • MOTION: Joe Wallis said he was concerned with paragraph 5 of 12.14.021 regarding duties of the Parking Commission. He said he had discussed it with -the City Attorney and they had a difference of opinion as to what the Council had indicated regarding who makes the determination regarding the proposed parking plans. Mr. Wallis said the Amenities Design Board already reviews parking plans and to have the Parking Commission also do so would require additional notifications and meetings, placing a burden on the Community Development Department. He.said if the Council wanted to encourage "in lieu of'.' payments then that policy should be stipulated to the Amenities Design Board.. It was suggested that if the.Parking Commission developed.a set of standards and criteria for the Amenities Design Board to:use, that would clear up part of the problem.. In.response to a question regarding coincidence of development of parking and the actual parking problem, Mr. Wallis agreed it would take time for the "in lieu of" fund to build.,..but he said the intent of the proposal is that there would be the option --the individual could provide the parking on site or with the "in lieu of" fund contribution. Regarding an environmental impact statement, Mr. Wallis indicated there had been a statement on one of the previous parking proposals and, inasmuch as this was a lesser proposal, that statement would suffice. City Attorney John Wallace then reviewed some changes his office suggested to the proposed ordinance. The public portion of the hearing was then opened. Marsha Descoteaux of 8507 186th S.W. said she did not understand this proposal and needed more time to study it. Mayor Pro tem Clement explained the proposed ordinance for her. Bob Steiner commented that the existing ordinance guarantees there will be parking, whereas the proposed ordinance does not. Loren Saxby, owner of an apartment building at 5th and Bell, said he had been to all of the parking meetings and had.understood the issue was dead. He felt the new proposal was suspicious. Barbara Descoteaux of the Heritage House questioned where the parking would be located if developed with the "in lieu of" fund, and she was told there was no specific place designated. The public portion of the discussion was then closed. A MOTION WAS.MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, TO INSTRUCT THE CITY ATTORNEY TO PREPARE A PARKING ORDINANCE BASED ON THE PROPOSAL PRESENTED THIS EVENING BUT INCORPORATING AMENDMENTS TO FOLLOW, AND TO BE PRESENTED AT THE APRIL 19 COUNCIL MEETING. COUNCILMAN GOULD MOVED THE,FOLLOWING AMENDMENTS BE INCORPORATED: COUNCILMAN GOULD MOVED, SECONDED -BY. -COUNCILMAN GELLERT, THAT IN(.PARAGRAPH 4.OF THE NEW SECTION 12.14.021'OF THE EDMONDS CITY CODE, IN LINES 4 AND 8, THE WORDS "PARKING COMMISSION" BE STRICKEN AND THE WORDS "AMENITIES DESIGN BOARD" -.BE SUBSTITUTED. MOTION CARRIED, WITH COUNCILMAN HERB ABSTAINING BECAUSE HE WAS OPPOSED TO THE ORDINANCE. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, THAT IN PARAGRAPH 5'OF THE.SAME SECTION THE FIRST SENTENCE BE.DELETED AND BE.SUBSTITUTED WITH "THE PARKING COMMISSION SHALL DEVELOP AND ANNUALLY REVIEW AN OVERALL PLAN FOR PARKING LOTS FOR THE DOWNTOWN BUSINESS AREA OF EDMONDS." MOTION CARRIED, WITH COUNCILMAN HERB ABSTAINING. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, THAT IN THE SAME PARAGRAPH 5 THE SENTENCE STARTING "THE CITY COUNCIL SHALL REVIEW. . ." BE DELETED AND BE SUBSTITUTED WITH "THE CITY COUNCIL SHALL REVIEW AND TAKE ACTION REGARDING THE PROPOSED.PARKING PLAN." AND THAT THE REMAINDER OF THAT PARAGRAPH 5 BE DELETED. MOTION CARRIED, WITH COUNCILMAN GELLERT VOTING NO, AND WITH COUNCILMAN HERB ABSTAINING. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN GELLERT, THAT IN PARAGRAPH 6 OF THAT SAME SECTION, IN THE THIRD LINE, THE WORD "COMMISSION" BE STRICKEN AND THE WORDS "AMENITIES DESIGN BOARD" BE SUB- STITUTED. MOTION CARRIED, WITH COUNCILMAN HERB ABSTAINING. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, THAT IN THE NEW SECTION 1.12.020, RESPONSIBILITIES, THE FIRST LISTED RESPONSI- BILITY'BE DELETED AND THE OTHERS RENUMBERED. MOTION CARRIED, WITH COUNCILMAN HERB.ABSTAINING.' COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN CARNS, TO ADD TO THE RESPONSIBILITIES LISTED IN 1.12.020 THE FOLLOWING: "IT SHALL BE -THE RESPONSIBILITY OF THE PARKING COMMISSION TO RECOMMEND TO THE CITY COUNCIL THOSE TYPES OF BUSINESSES OR OTHER USES WHERE 'IN LIEU OF, PAYMENTS MIGHT NOT BE APPROPRIATE OR MIGHT BE PARTIALLY APPROPRIATE." MOTION CARRIED, WITH COUNCILMAN HERB ABSTAINING. COUNCILMAN CARNS MOVED, SECONDED BY -COUNCILMAN GOULD, THAT PARAGRAPH 1(E) BE ADDED TO 1.12.010 TO READ: "ONE MEMBER TO HAVE EITHER A REAL ESTATE LICENSE OR APPRAISER'S LICENSE." MOTION CARRIED, WITH COUNCILMAN HERB ABSTAINING. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GELLERT, THAT IN PARAGRAPH (2) OF 1.12.010 THE EXPIRATION DATE OF POSITION 5 BE INDICATED TO BE 1980. MOTION CARRIED, WITH COUNCILMAN HERB ABSTAINING. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE WORD "SAWTOOTH" BE DEFINED ON -THE FIRST PAGE OF THE ORDINANCE AND THAT THE ATTORNEY'S SUGGESTED CHANGES BE ACCEPTED. MOTION CARRIED, WITH COUNCILMAN HERB ABSTAINING. THE MOTION TO DRAFT THE ORDINANCE WITH AMENDMENTS THEN CARRIED, WITH COUNCILMAN HERB OPPOSED. MOTION: COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN HERB, THAT THIS PROPOSED ORDINANCE NOT BE PLACED ON THE CONSENT AGENDA FOR APRIL 19, AND THAT THE CITY STAFF NOTIFY REPRESENTATIVE MEMBERS OF THE DOWNTOWN BUSINESS COMMUNITY, INCLUDING AT LEAST TWO WHO HAVE IDENTIFIED THEMSELVES AT PREVIOUS PARKING HEARINGS AS BEING STRONGLY OPPOSED TO PREVIOUS PARKING PLANS, AND THAT THE CHAMBER OF COM- MERCE ALSO BE NOTIFIED THAT THIS MATTER WILL BE HEARD APRIL 19. MOTION CARRIED. Mayor Harrison returned to the rostrum. AUTHORIZATION TO CALL FOR BIDS ON PURCHASE OF FERTILIZER [Consent Agenda Item (G)]. Councilman Nordquist asked if this was not an item that could go to bid without authorization of the Council. M.A.A. Gilbo responded that since just recently it appears that is so, if the supplies are not used directly in a public work. He said purchases of a larger amount should administratively .10TION: be brought to the Council. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON, TO AUTHORIZE THE CALL FOR BIDS ON THE PURCHASE OF TEN TONS OF FERTILIZER. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS ON PURCHASE OF MOWER [Consent Agenda Item (H)] Councilman Carns asked;wkythis bid call specified a particular mower. Public Works Director Leif Larson responded that the City has standardized on the Jacobsen for spare parts, etc., and that they have had very satisfactory experience with it. Building and Grounds Superintendent Don Burton added that the specifications call for either equal to or better than this particular model. He said they would like to stay with that model because they have one thathas been excellent and they have had no MOTION: problem in obtaining parts, whereas they have experienced difficulties with other brands. A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO AUTHORIZE THE CALL FOR BIDS FOR ONE JACOBSEN TURF KING MOWER MODEL 84". MOTION CARRIED. FJ u 1 • 57 �J COUNCIL (8:52 p.m.) Councilman Gellert said a business had come to his attention .several times because it has..a strobe l4ght sign on the inside of a window which flashes at night. He asked.whether this fell within the definition of a flushing' sign. Councilman Carns.responded that this particular business is within the -city limits of Lynnwood, rather than Edmonds, so the matter was dropped. Councilman Nordquist said there have been a lot of complaints from .people in the audience at Council meetings that they cannot hear the discussion from the back of the. room. He suggested a review be made of upgrading the speaker equipment. COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILMAN MOTION: CARNS, THAT THE MAYOR'S OFFICE LOOK INTO THE POSSIBILITY OF UPGRADING THE MICROPHONE SYSTEM IN THE .COUNCIL CHAMBERS. MOTION CARRIED. MAYOR (8:55 p.m.) Mayor -Harrison announced there would be an Executive Session immediately following this evening's meeting to discuss a personnel matter. He also advised he would be absent from the March 29 meeting as he will be in Washington, D.C. as a guest of the federal government. AUDIENCE (8:56 p.m.) Captain Floyd Smith of 814 Dayton agreed that the microphones in the Council Chambers do not work well. He suggested not only that a new system be installed, but also that lapel microphones be used.. APPROVAL OF PRELIMINARY PLAT-"JESSE'S PONDEROSA"_- FIle P-1-77 (8:58 p.m.) Community Development Director Joe Wallis reviewed the background of this plat. The applicant is Ben A. Roach and the location is the south side of 218th St. S.W. at 82nd Ave. W. The zoning in • the area is RS=8. Mr. Wallis reviewed the Planning Commission's recommendations and he recommended approval, subject to-- -the 'pavement width at the entrance,.shoul d l-be 24, , , there should be -a-1.1 re hydrant on the southwest corner of the entrance road, and there should be a covenant on the face of the plat indicating common maintenance of the landscaping of the right-of-way along the subdivision. MOTION: A MOTION WAS MADE BY COUNC-ILMAN GOULD, SECONDED BY COUNCILMAN GEL:LE-RT,;TO APPROVE THE PRELIMINARY PLAT-AF-"JESSE"S•-PONDEROSA''WITH° THE MODIFICATIONS AS DESCRIBED BY-*,JHE ,COMMUNI�T•Y DEVELOPMENT DIRECTOR, INCORPORATING A 24' ROADWAY ENTERING THE PLAT, A FIRE HYDRANT ON THE SOUTHWEST CORNER OF THE ENTRANCE ROAD, AND A LANDSCAPING COVENANT, AND ALSO INCLUDING ENGINEERING -MODIFICATIONS. MOTION CARRIED.. PROPOSED REPLACEMENT OF SOCIAL SECURITY FOR EMPLOYEES (9:06 p.m.) Ken Estes, Chairman of the Social Security Study Committee had prepared a.memorandum containing information from the Howard Johnson Company, an actuary hired to study possible withdrawal from Social Security and replacing it with another plan. He reviewed the history,leading t6 this action and said the committee recommended approval of the withdrawal., and that the employees had voted to withdraw. He noted that the cost of implementing the replacement plan was estimated at $4,500, and :he suggested the City pay this cost with the understanding it would be repaid to. the City over a three-year period. He introduced Brendan O'Farrell, Vice.President and Chief Actuary of the 'Howard Johnson Company. Mr. O'Farrell explained the plan and answered questions of the Council. After MOTION: a lengthy discussion,. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, THAT THIS ITEM BE CONTINUED TO THE APRIL 12 WORK MEETING FOR FURTHER DISCUSSION, THAT INTERESTED PARTICIPANTS BE,INVITED TO PARTICIPATE, AND.THAT THE AGENDA BE CLOSED FOR THAT MEETING. Mr.. O'Farrell was not sure if he could attend that meeting and Councilman Clement suggested that if he could not, a.speci,al meeting should be scheduled with this as the only subject. Mr. O'Farrell said he would shortly advise whether his schedule would permit him to attend that meeting. Councilman Gellert requested that copies of the employer/employee agreements used by other.cities be furnished the Council for study. He said he also would like to hear testimony from some who are not in favor of withdrawing, as well as from those who are. M.A.A. Gilbo was.advised that alternatives to the City paying the $4,500 should • also be investigated. THE MOTION THEN CARRIED. AMENDED DISCLOSURE ORDINANCE' (10':10 p.m.) City Attorney John Wallace had prepared a draft of the Council Ethics Ordinance with the modifications MOTION: as directed,by the City -Council at the March 8 work meeting. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT ORDINANCE 1912, COUNCIL ETHICS ORDINANCE, BE ADOPTED.. MOTION CARRIED. Councilman Gould requested that the Council be furnished copies of the complete ordinance, -rather than waiting for the Code supplement. REPORT ON BIDS OPENED MARCH 15, INSTALLATION OF WATERLINES, PHASE IV, SCHEDULE "E" (10:12 p.m.) Public Works Director Leif Larson reported that four bids had been received with Grant Construction Company of Renton being the low bidder and being below the engineer's estimate. He recommended award to the low bidder. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE BID BE ACCEPTED FROM GRANT CONSTRUCTION COMPANY IN THE AMOUNT OF $149. 912.10, PLUS WASHINGTON STATE SALES TAX OF 5.4%. MOTION CARRIED. Mr. Larson added that a separate request had been included in the .original invitation to bid for bids on telemetering equipment. No bids were received for this item so, under State law, the City will now negotiate for the telemetering equipment since the value of the material is under $5,000. AUTHORIZATION FOR MAYOR TO EXECUTE EASEMENT WITH PUD - TRACTION RIGHT-OF-WAY AT 224TH ST. (10:15 p.m.) Public Works Director Leif Larson reported that as part'of the-City's-drainage system an.easement is required over the traction right-of-way at the east end of 224th St. to gain access to Halls Creek. Developers of a large apartment project will be constructing street improvements on 224th and constructing the storm system. The PUD Commissioners had authorized the easement and it was now necessary that the City. Council authorize the Mayor to sign for the City. Mr. Larson recommended • MOTION: authorization be granted.A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, THAT THE MAYOR BE AUTHORIZED TO EXECUTE THE EASEMENT WITH PUD. MOTION CARRIED. 5 STATEMENT OF NON -INTEREST IN UTILITY EASEMENT - BALLINGER AREA (10:16 p.m.) MOTION: MOTION: MOTION Public Works Director Leif Larson reported by memorandum that several reservations of easements for waterlines existed in the title for land on the south side of 238th St. east of Highway 99. The City had been requested to release any interest in those easements in order to clear the title, and the -Public Works Department had reviewed the matter and found the City had no legal interest in -the easements and that they are of no practical value for extension of the City's water system. Mr. Larson recommended that the interest in the easements be rel.eased.. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE MAYOR BE AUTHORIZED TO ADVISE THE TITLE COMPANY OF THE CITY'S NON -INTEREST IN THE EASEMENTS. MOTION CARRIED. REPORT -ON PROTEST PETITION FOR 77TH LID PROPOSAL (10:17 p.m.) Public Works Director Leif Larson reported that the protest petition for this LID contained some of the same signatures as the original petition for the LID contained. City Clerk Irene Varney Moran read her certification regarding the validity of ownerships and signatures on the protest petition, indicating that of the 24 signatures 15 were shown on the records of the County Assessor's Office to be the legal owners of the properties; and 14 of the signatures were registered voters. Because some of the signers of the original petition appeared to have changed their minds, Mr. Larson recommended that the City not proceed with the LID unless a new petition requesting it is received. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT THE CITY NOT PROCEED WITH THE 77TH PLACE LID PROPOSAL UNLESS THE RESIDENTS SUBMIT A NEW VALID PETITION REQUESTING IT. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned to Executive Session at 10:20 p.m. IRENE'VARNEY MORAN, Cit# Clerk March 29, 1977 (Work Meeting) H. H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at 8:45 p.m. by Mayor Pro tem Phil Clement in the Council Chambers of the Edmonds Civic Center, following a 6:30 p.m. dinner at the Riviera Restaurant. All present joined in the flag salute. PRESENT Phil Clement Ray Gould Max Gellert John Nordquist Robert Anderson Tom Carns Mike Herb ABSENT Harve Harrison, Mayor STAFF PRESENT J. Herb Gilbo, M.A.A. Leif Larson, Public Works Director Joe Wallis, Community Development Dir. Irene Varney Moran, City Clerk Lila Crosby, Finance Director Jack Weinz, Acting Fire Chief John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk r • 1 CONSENT AGENDA (8:46 p.m.) i • A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained only the minutes of the March 22, 1977, meeting. COUNCIL (8:47 p.m.) Councilman Nordquist commented that there was a bid notice in the. Everett Herald of April 14 for the properties the School District is putting up for sale, and the Edmonds Elementary School is included. He asked if it is being considered in the space needs study. Mayor Pro tem Clement responded that the Space Needs Committee will have a report regarding the appropriateness of both the Elementary School and the Junior High School as they relate to space needs, and financing alternatives. He said the Capital Improvements Committee will hear the report on Thursday, March 31, at 7:30 p.m. in the Council Chambers. He said the Space Needs Committee will also have a report at next Tuesday's Council meeting. Councilman Gould noted that April 1 was the due date for turning irr the answers to several questions asked in connection with the Council/Staff retreat. Mayor Pro tem Clement mentioned again the Capital Improvements/Space Needs Committee meeting and noted that a quorum of Councilmen probably will be present, so he asked that proper notification be made of this meeting. MAYOR (8:49 p.m.) M.A.A. Herb Gilbo said the Staff would like to request that the Councilmen sit at the rostrum for work meetings, rather than around the conference table. He commented that the Staff is in need of a work area during these meetings and, although there were alternative measures that could be taken, it had been suggested that the simplest would be that the Staff occupy the conference table and the Council the rostrum. The response of the Council to this suggestion was not favorable. They agreed the Staff did need work space and one suggestion was that the Staff occupy the rostrum •