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19780502 City Council Minutes0 April 25, 1978 - continued APPROVAL:.OF FORMAT-F.OR PUBLICATION OF COUNCIL AGENDA 21 1 1 40, City Clerk Irene Varney Moran addressed the Council on this matter. She stated that the memo of April 19, 1978 contained an attachment of the same format which had been previously submitted; however it included a notation at the bottom stating that participation regarding matters not on the agenda is encouraged. The last attachment is a format which does not contain the picture. The costs have to do with the space use. Costs are broken down as'follows: (I) $3,940 per year if you had the picture all of the time; (2) #3,435 per year if you included the picture once a month; and (3) #3,284 per year if you never included the picture. Councilman Carns asked Ms. Moran's opinion for ads when the workshop meetings were held inasmuch as there.is no audience participation would be excluded from ads publicizing the workshop meetings: A discussion ensued regarding the placement of Council members' pictures. Ms. Moran stated that it-(. would cost $15.00 to include a picture. She suggested that pictures be taken and kept on file in the event someone wished to include a picture from time to time. COUNCILMAN CLEMENT MOVED TO AUTHORIZE THE CITY CLERK TO CONTRACT WITH THE WESTERN SUN EDITION OF THE EVERETT HERALDI*TO PLACE A TWO -COLUMN x 7 112 ADVERTISEMENT,ON A REGULAR BASIS EXPLAINING THE AGENDA OF THE EDMONDS CITY COUNCIL. THIS AD IS TO BE PLACED IN THE PAPER ON THE MONDAY PRIOR TO THE COUNCIL MEETING. MOTION SECONDED. BY COUNCILWOMSN KATIE ALLEN. MOTION CARRIED. Councilman Carns voted "no" on this motion as he felt the cost was excessive when considering the small percentage of circulation in Edmonds. COUNCILMAN CLEMENT MOVED TO AUTHORIZE THE CITY ATTORNEY TO DRAW UP A RESOLUTION TO -TRANSFER $2,000.00 * FROM THE COUNCIL CONTINGENCY FUND TO THE CITY CLERK BUDGET. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 8:35 p.m. IRENE VARNEY MORAN, C14TY CLERK May 2, 1978 The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Couhci,l Chambers of the Edmonds Civic Center. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Phil Clement Mike Herb Katherine Allen Larry Naughten John Nordquist Ray Gould Tom Carns CONSENT AGENDA Charles Dibble, M.A.A. Leif Larson, Public Works Director John LaTourelle, Community Devel. Dir. Irene Varney Moran, City Clerk Art Housler, Finance Director John Wallace, City Attorney Jackie Parrett, Deputy City Clerk Items (B), (F), (G), and (H) were removed from the Consent Agenda for discussion, and Councilman Herb asked that Item (D) be discussed w.i.th the last item on the agenda as they were related. COUNCIL- MAN NORDQUIST MOVED, SECONDED BY COUNCILMAN HERB, TO DISCUSS CONSENT AGENDA ITEM (D) WITH ITEM 6 ON THE AGENDA. MOTION CARRIED. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following: • (A) Roll call. (C) Acknowledgment of receipt of Claim.for Damages from John V. Menoher in the amount of $769.42. (E) Setting date of May 16, 1978 for hearing of P.C. Resolution 590, recommending approval of amendment to Official Street Map and Comprelensd�ve Thoroughfare Plan to reclassify 240th St. S.W., between Highway 99.and 78th Ave. W. from "Collector" status to "Public Residen- tial Street" and status, and reducing the right-of-way from 60' to 50'. (Files ST-4-78 and CP-3-75) (I) Final approval of the plat of "Viewmoor." (J) Authorization to open bids May 23, 1978 for Phase IV, Schedule F, Water Main Improvements. (K) Authorization to open bids May 30, 1978 for Pavement Marking Demonstration Grant Project. (L) Passage of Resolution 400, setting hearing date of June 6, 1978 for vacation of excess right- of-way on 196th St., adjacent to Lot 5, Plat of Cassell's Addition. (M) Adoption of Ordinance 1992 authorizing City Attorney to commence condemnation for easement in LID 203. APPROVAL OF MINUTES OF APRIL 25, 1978 [Item (B) on Consent Agenda] Mayor Harrison said he had stated at the last Council meeting that the City has a full-time parking checker, as reflected in the second paragraph on page 4 of the April 25 minutes. He said in actuality the parking checker spends half the time on pa.rki.ng and half on animal control, and he would like the minutes amended to so state. Councilman Carns had two corrections to the minutes. In the first • *See correction May 2, 1978 220, May 2, 1978 - continued • paragraph under "Council" Councilman Clement's name had been indicated as placing the Port Ludlow discussion topics on the June 12 work meeting, and that should be corrected to reflect Councilman Carns' name. Also, on the last motion on page 5 of the minutes Councilman Carns had voted no, and he asked that the minutes so reflect. Councilman Gould noted that the City Clerk had indicated an addition should be made to the minutes, and he asked that such be incorporated. That addition, as follows, should.be made at the end of the first paragraph under "CONSENT AGENDA": "The balance of the Consent Agenda contained the following: "(A) Roll call. "(B) Adoption of Ordinance 1990 relating to disclosure and filing of information by elected public officials involving conflict of interest. "(D) Acknowledgment of receipt of Claim for Damages from Virginia Molloy in the amount of $253.26. "(E) Acceptance of Phase IV, Schedule E, Water Main Improvements - Grant Construction Co., and establishment of 30-day retainage period." MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT ITEM (B) ON THE CONSENT AGENDA BE APPROVED, AS AMENDED. MOTION CARRIED. PROPOSED ORDINANCE AMENDING UNDERWATER PARK REGULATIONS JItem (F) on Consent Agenda] Councilman Naughten asked.what the penalties are for the acts which are prohibited in the Underwater Park. City Attorney John Wallace responded that they are punishable by $500 maximum fine, 90 days in jail, or both. He noted that there had been a recommended bail schedule submitted to the court which MOTION: may have appeared to have been a part of the draft ordinance originally submitted. COUNCILMAN NAUGHTEN THEN MOVED, SECONDED BY COUNCILMAN CARNS;,THAT ITEM (F) ON THE CONSENT AGENDA BE APPROVED, ADOPTING ORDINANCE 1.991, AMENDING UNDERWATER PARK REGULATIONS. MOTION CARRIED. • PROPOSED RESOLUTION.TO SET HEARING DATE FOR VACATION OF PORTION OF TURNAROUND ON 82ND AVE. W., SOUTH OF 200TH S.W., PURSUANT TO P.•C. RESOLUTION 585 (File ST-2-78) and PROPOSED RESOLUTION TO SET HEARING DATE FOR VACATION OF PORTION OF 174TH S.W., VICINITY OF 71ST AVE. W., PURSUANT TO P.C. RESOLUTION 586 (File ST-3-78) [Items.(G) and (H), respectively, on Consent Agenda] Councilman Carns noted that no hearing dates had been recommended for these items. COUNCILMAN CARNS MOTION: MOVED, SECONDED BY COUNCILMAN GOULD, THAT ITEMS. (G) AND (H) ON THE CONSENT AGENDA BE APPROVED WITH HEARING DATE OF JUNE 6, 1978, THEREBY PASSING RESOLUTIONS 398 AND 399, RESPECTIVELY. MOTION CARRIED. COUNCIL In recognition of Mayor Harrison's recent success in meeting the challenge of the Police Department to pass the physical fitness requirements that the Mayor and City Council want to impose on the police and fire fighters, Councilman Carns presented to the Mayor a framed photograph of the Mayor and his daughter as they ran together in the mile run portion of the test. Councilman Carns announced that as a fund raiser for Medic 1 there will be a walkathon on May 20, the theme of which will be "Walk or run for Medic 1." He said Mayor John Enbom of Mountlake Terrace had challenged the other South County Cities, stating the Council members of Mountlake Terrace could do better than any other Council members. Councilman Carns suggested the Edmonds City Council challenge the City Councils of Mountlake Terrace and Lynnwood, in that the Edmonds Council will do a better job of walking or running for Medic 1 and will bring in more funds than the other Councils. Councilman Nordquist said he had recently visited his home'in Chicago, which caused him to reflect and hope that the City of Edmonds will always relate to the changes taking place and the desires of the citizens. He also suggested that it might be timely for some neighborhood group to find a place for the Edmonds fountain, rather than using it as a planter which he felt is a waste. • Councilman Gould referred to a letter from Mayor Harrison to Superior Court Judge Daniel Kershner, regarding Judge Kershner's. recommendation that Snohomish County not seek $74,000 in State funds which may be available to assist in carrying out the diversion programs established by the new Juvenile Offender Law. He said he was pleased to see the Mayor's letter taking the stand that those funds should be made available to the local communities to assist in carrying out the new law. He also noted that both Councilwoman Allen and he had been notified that the next meeting on this new law will be May 4, but that neither had been officially appointed to the committee. Mayor Harrison at this time appointed Councilman Gould and Councilwoman Allen to the Snohomish County Juvenile Court Advisory Board as representatives of'the Edmonds jurisdiction. Councilwoman Allen referred to the statement of activity for the Council Contingency Fund and inquired about the $3,000 indicated for the kiosk at the Underwater Park, saying it was under- standing that more definitive figures for the costs of construction would be forthcoming before the funds were allotted. Public Works Director Leif Larson agreed that he had not yet provided a final estimate for that project. Finance Director-.-AftHousler. -s'aid:thefunds had been transferred by Resolution 397 and if they were not used they would be returned. Councilman Herb referred to PUD's proposal to raise its rates by 20% and he felt the Council should be concerned whenever there is a proposed rate increase. He said it would affect the City government of Edmonds as well as the residents individually and he noted that the PUD is not subject to govern- ment regulations and can raise its rates at will. He noted that the only public meeting to be held on this subject is scheduled for a Council meeting night, so Edmonds Council members would be unable to attend. He recommended that the PUD be asked to delay its decision making briefly and to schedule another meeting to give the Council members an opportunity to attend. Councilwoman Allen.noted that a letter had been received from the Snohomish Health District regarding the complaint of Jens Brautaset against his neighbor who is building a fiberglass boat in his yard. 2 2't May 2, 1978 - continued She said the findings of the Health District were that a public health nuisance does not exist and that it is not a public or community problem. They recommended it be classified a private.nuisance and that Mr. Brautaset seek relief by civil action. In response, Jens Brautaset of 1037 6th.Ave. S. stated he had filed a petition this date from himself and other neighbors regarding the building of the fiberglass boat. He asked that the Council investigate the matter and see the magnitude of the problem. He submitted photographs reflecting the closeness of the boat and the cans of resin to his home. He stated that the contaminated air lingers and does not dissipate. City Attorney John Wallace said the Fire Department had found some fire hazards but they were abated when the neighbor, Robert Rine, was notified. Councilman Herb pointed out to Mr. Brautaset that the Council is a legislative body and does not function to settle differences between individual parties. He advised Mr. Brautaset that the Courts have the purpose of settling such differences. Robert Rine of 1039 6th Ave. S., the builder of the boat, said he did not want to cause any health hazard. He stated that Mr. Brautaset had exaggerated each of his complaints and that there had been continuous disputes between them. Councilman Gould interjected that the Council had received a complaint and had considered the matter and, having been advised by the Health District that there is no public nuisance, the Council should not proceed further. He said the Council was.not in the position to make peace between neighbors. City Attorney John Wallace added that there was no criminal violation under which the City could proceed inasmuch as the Health District had advised there was no public health hazard. Chuck Cain of 1060 6th Ave. S. said he had signed the petition because he thought something should be done about the situation. He added that there had been other problems in the neighborhood and he wanted to.see something done about them. No further action was taken by the Council. AUDIENCE Owen Stanley of 233 N. 3rd, representing the South County Senior Center, said the Senior Center had a flag, but did not have a pole on which to fly it, and he asked the Council for assistance in obtaining a pole. M.A.A. Charles Dibble suggested it may be incorporated into the next phase of the work soon to be done there, and he asked that the Staff be given an opportunity to include'it. However, Chuck Cain • of Edmonds Lumber Co. said he would donate a. flag pole -to -the South -County --Senior Center. HEARING ON P.C. RESOLUTION 591, RECOMMENDING APPROVAL OF THE ESTABLISHMENT OF RS-6 ZONING ON THE NORTHWEST CORNER OF 9TH AND MAIN ST. (FORMER WATER TANK SITE) and AUTHORIZATION TO OPEN BIDS ON JUNE 1, 1978 FOR SALE OF 9TH AND MAIN TANK SITE [Item (D) on Consent Aqendal Community Development Director John LaTourelle said this.site is completely surrounded by RS-6 zoning; there was a finding.of. no significant adverse environmental impact on the proposed amendment; and RS-6 zoning will conform with the Comprehensive Land Use Plan. He said there had been no discussion from the public when this was heard before the Planning Commission. Regarding the minimum bid established, Public Works Director Leif Larson said the formal appraisal had come from Earl Stay who had made a previous appraisal on the property and then updated his appraisal based on the removal of the water tank. The recommended minimum bid price was $29,500. The public portion of the hearing was. opened. Doug Mowat of 801 12th P1. N. questioned whether the value placed on this site was proper. No one MOTION: else wished to speak, and the public portion of the hearing was closed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO ADOPT ORDINANCE 1993 PURSUANT TO P.C. RESOLUTION 59.1. MOTION MOTION: CARRIED. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (D) ON.THE CONSENT AGENDA. MOTION CARRIED. Councilman Gould inquired of Mr. LaTourelle as to the schedule on Planning Commission action on recommendations of the Density Review Committee. Mr. LaTourelle responded that the Commission had * recommended that density be reduced and units limited to three per building in the downtown area, but the City Attorney's office had advised that a second look should be taken at the recommendations in view of some recent.court decisions. Mr. LaTourelle said his department was consideri.ng.whether it should go back to the Planning Commission before going to the Council. • There was no further business to come before the Council, and the meeting was adjourned at 8:35 p.m. IREN VARNEY MORAN, AITY CLERK May 9, 1978 (Work Meeting) 011,1111 W M no N The regular meeting of the Edmonds.City Council was called to order at 7:35 p.m. by Mayor Pro tem Tom Carns in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. Mayor Harve Harrison arrived shortly after the.meeting was called to order. PRESENT ABSENT STAFF PRESENT Har.ve Harrison, Mayor Phil Clement Charles' Dibble, M.A.A. Mike Herb John LaTourelle, Community Development Director Katherine Allen Dick Allen, Acting Public Works Director Larry Naughten Irene Varney Moran, City Clerk John Nordquist Lila Crosby, Administrative Services Director Ray Gould Art Housler, Finance Director Tom Carns Noelle Charleson, Assistant City Planner John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk *See amendment May 9, 1978