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19790410 City Council Minutes3.5 0 April 3, 1979 - continued • MOTION: MOTION: his intent that the taking of property for right-of-way would be equal from both sides.. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT OF THE 10' OF RIGHT-OF-WAY THAT MUST BE TAKEN IN ORDER TO FINISH THE ROAD, 5' WILL BE TAKEN FROM THE NORTH.AND..5' FROM THE SOUTH AND NOT 10' FROM ONE SIDE. Councilman Gould felt that would be equitable. Councilman Herb noted that even with 5' taken many trees and hedges will have to be eliminated. He noted that the State officials were not present. Councilman Gould said three members of the State Highway Department were here earlier but had returned to Olympia, but they had said if the Council did not.want 10' taken from one side, or if they wanted.5' from one side and..5' from the other, they should .just write the Highway Depart- ment and they wouldtake care of it. THE MOTION CARRIED. Councilman Herb asked about drainage improvements at the foot of the park where the stream commences. Mr. Larson said the calculated increase in runoff from this street improvement had been 1.2% so the State did not intend to include drainage improvements. He said there were interim things that could be done pending the final overall City study, but their efforts presently were being directed to the Meadowdale area and next would be Shellabarger Creek. He proposed that -this area should then be next for study. Natalie Shippen of.1022 Euclid asked if there was'a final design for this improvement on which -the citizens could comment. After discussion, it was determined that the State.Highway Commission should be contacted and be advised that the City would like to have a final review of Phase 2-from 88th to llth because there are a number of questions relating to drainage, etc. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT A HEARING ON THE FINAL DESIGN REVIEW OF PHASE 2 OF THE 196TH ST. IMPROVEMENT BE SCHEDULED FOR APRIL 17, 1979. (The motion was first made to April 24 and then changed -to April 17.) MOTION CARRIED. Roger Hertrich of 1020 Puget Dr. said many people have concerns about this project. -He said he had spoken to Trent Miller., the Assistant Project Engineer, who had shown him the drainage plan and.there was no holding pond shown. Mr. Miller had indicated there would-be a.pipe,picking up water along the roadway and carrying it to the creek, and it,would take all the water from 84th and down the canyon. Mr. Hertrich.said.that would provide no way for it to, seep slowly into the ground. He said they had designed-the.drainage for only the section going out.to bid but had not addressed the drainage for the rest of the project. He had written a letter listing items of concern and asked that they be studied. Councilman Carns cautioned that at the April 17 hearing they should try to.limit-the discussion to the preliminary approval granted by the Council, seeing to it that the State is following the Council's guidelines, and not get off on tangents. Mr. Her.trich agreed that was reasonable, but he felt the other things should be placed on agendas as the project goes along. Wilbur Brock of 840 Hindley Lane felt the drainage should be addressed now and not in the future because as more improvements go in, the situation becomes worse. UPDATE ON FERRY PARKING PROBLEMS Public Works Director Leif Larson said the Public Works parking lot .had been made available to Port Townsend travelers last.weekend, and it was still full today. He.said travel to Port Townsend last weekend had been considerably less than.in the -past, however. Also, Secretary of Transportation Bulley had indicated they will .be investigating the parking problem created by walk-on passengers. Mr. Larson also said he had been contacted by Sunset magazine and they will be writing an article about the ferry trip to Port Townsend, probably to be published in .June, and the article said there was plenty of parking next to the ferry terminal. He will respond tothe letter. There was no further business to come. before the Council, and the meeting was adjourned at 11:00 p.m. IRENE VARNEY MORAN, Pty Clerk April 10, 1979 - Work Meeting HARVE H..HARRISON, Mayor 1 7 • 1 40 The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Charles Dibble, M.A.A. Mike Herb Leif Larson, Public Works Director Katherine Allen John LaTourelle, Community Development Director Phil Clement Art Housler, Finance Director John Nordquist Marlo Foster, Police Chief Ray Gould Fred Herzberg, City Engineer Tom Carns Jim Jessel, Parks & Recreation Manager Larry Naughten Jack Lewis, Purchasing Agent Wayne Tanaka, City Attorney John Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: Items (D), (E), and (G) were removed from .the Consent Agenda. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN.NAUGHTEN, TO APPROVE THE.BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved portion of_.the Consent Agenda included the following: • 0 354 April 10, 1979 - continued (A) Roll call. 1 1 0 (B) Approval of Minutes of April 3, 1979. (C) Acceptance of Quit Claim Deed in conjunction with 37lot subdivision for Monty Montgomery (File S-6-79) (F) Report on bids opened:March.29.for two pickup trucks and award of bid to Harris Ford in the.amount of $12,928.31, including Washington State sales tax. REPORT ON BIDS OPENED MARCH 29.FOR::FERTILIZER [Item (D) on Consent Agenda] Councilman Nordquist inquired whether the bid included sales. tax. Purchasing Agent Jack.Lewis responded MOTION: that it did. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (D) ON THE CONSENT.AGENDA, AWARDING THE BID FOR FOUR TONS OF SLOW -RELEASE FERTILIZER TO TURFGO NORTHWEST IN THE AMOUNT OF. $1.,770.72, INCLUDING WASHINGTON STATE SALES TAX. MOTION CARRIED. REPORT.ON..BIDS OPENED MARCH 29 FOR,BACKHOE AND TRAILER [Item (E) on Consent Agenda] The report listed the bids received.and recommended acceptance of the low bid for the backhoe from Brim Tractor -Co.,, . Inc., in the amount of $21,960, including.sales tax. However, the recommendation was not. -to accept the low bid.for,the.trailer from Buck & Sons.as the bid did not cover the specifications necessary for the weight of the backhoe. Councilman Nordquist-asked that the record indicate why the low bid was not accepted for the trailer. The recommendation was to accept the next low bid of $4,321.40, including sales tax, from Cascade Tractor Co., Inc. COUNCILMAN NORDQUIST-MOVED TO APPROVE MOTION: ITEM (E) ON THE CONSENT AGENDA, AWARDING THE BID FOR THE, BACKHOE TO BRIM TRACTOR CO:, INC., IN THE AMOUNT OF $21,960, INCLUDING WASHINGTON STATE SALES TAX, AND AWARDING THE BID FOR THE TRAILER TO CASCADE TRACTOR.CO., INC., IN THE AMOUNT. OF $4,321.40, INCLUDING WASHINGTON STATE SALES TAX. COUNCILMAN GOULD SECONDED.THE MOTION FOR DISCUSSION.. It was questioned whether the trailer would fit, coming from a company other than that furnishing the backhoe. Public Works Director Leif Larson responded that they had all bid the same kind of trailer. He said a bid war had developed and the City had profited from it on the backhoe. THE MOTION THEN CARRIED. APPROVAL,OF.ELEMENTARY SCHOOL MOVE-IN:COSTS FROM.000NCIL CONTINGENCY FUND, AND PROPOSED .RESOLUTION AUTHORIZING TRANSFER OF FUNDS Item G on Consent Agenda Councilman Nordquist noted that there was an error in the computation of sales tax on this item so the,tota:l should.be $5,778.54, and.that figure should be corrected on the first page of the proposed resolution.. The Council questioned some of the items included in the cost estimate for moving into the Edmonds E.lementary School, and they asked why these costs.were suggested to come from the Council Contingency Fund., M.A.A. Charles Dibble.responded that all surplus funds had been placed in the Council Contingency Fund so any funds needed and not budgeted will have to be requested of the MOTION: Council.. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO ADOPT ITEM (G) ON THE CONSENT AGENDA AND.TO PASS RESOLUTION 432. MOTION CARRIED: COUNCIL Councilman Nordquist commented on.a Tetter.from the Fred Hu.tchinson.Cancer Research Center, the contents of which he felt should be publicized. The letter stated that they recently completed some preliminary analyses of the potential health hazard of asbestos fibers in drinking water and, although the results were not conclusive, no significantly increased risks of alimentary tract cancer due to ingested asbestos were found in the. Puget Sound region. The letter stated that further results were expected later this year. • Councilman Carns noted that two proposed ordinances were provided by the Staff this evening which were not included.on the agenda. The proposed ordinances stated that the cash prepayment period for LID 203 and for LID 204 had expired, and.they stated the amounts and numbers of bonds to be issued MOTION: accordingly.- COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN.NORDQUIST, TO ADOPT ORDINANCE 2063, RELATING -TO THE.EXPIRATION OF THE CASH PREPAYMENT PERIOD AND THE ISSUANCE OF BONDS IN CONNECTION THEREWITH, IN CONNECTION WITH LID.203. MOTION CARRIED. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO ADOPT ORDINANCE 2064, RELATING TO.THE.EXPIRATION OF THE CASH PREPAYMENT PERIOD AND.THE ISSUANCE OF BONDS IN CONNECTION THEREWITH, IN CONNECTION WITH LID 204. MOTION CARRIED. Councilman Gou.l.d suggested carpooling to go to Bellevue to observe a hearing examiner on April 12, and he.offered the use of his car. They will meet at Councilman Carns' place of business and leave at 7:00 a.m. The meeting will start promptly at 7:30 a.m. at Benjamin's in Bellevue. Councilman Gould.advised that he..had.received a letter from.the Diversion Unit of the Snohomish County Superior Court expressing appreciation for the use of. the Council Chambers each week for the Juvenile Conference Committee meetings.. Counci.l.man.Gould requested, in connection with the upcoming Council/Staff retreat, that if anyone had any part.icula.r problems with their room reservations to please contact M.A.A. Dibble. Councilman Gould discussed the itinerary and the agenda. Councilman Carns said he would like to have someone from the library at the retreat and Librarian Kathy Turner said she would like to attend. Councilman Herb advised that he would join the rest of the group in Seattle at about 2:00 p.m. on Friday, April 20, and he�would.not be able to be present on Saturday because of an important seminar he felt reluctant to miss. He will submit his thoughts about the Friday afternoon tour so they may be used at the Saturday discussion. Councilman Naughten asked what follow-up was being made regarding the complaint made by Alvin Millis regarding;the ack,,of police response when his car window was shot out on March-23. Police Chief Marlo Foster responded that he had suggested to Mr. Millis that he make an appointment with the Sheriff's Office to discuss the incident and to inquire what he should have been able to expect. 352, April 10, 1979 - continued • Also, that he should inquire why the Sheriff's Office had not contacted the Edmonds Police Department if the Sheriff's Office was unable to respond. Chief Foster said the Edmonds police only respond in the County on real emergencies or if the Sheriff requests it. Councilman Clement was concerned about the State improvement to 196th St. and that they be kept to their original commitments and not let the fact that they are into bidding override the Council's original requisites. He said there was a possibility that he would not be present next week and he wanted to make his concerns known. He sensed an attempt to minimize the drainage issue and noted that 1% of water can be a lot if it is the last 1%. He suggested they possibly should be looking at reducing the amount of runoff rather than maintaining it. Public Works Director Leif Larson advised that the Council would have a drainage plan and a final design plan for review next week. Councilman Gould inquired about the next section to be improved, noting that arrangements should be made for the time schedule of the design review of that segment. He noted that there is an issue of undergrounding involved and there should be some time for planning and financial considerations. Councilman Gould inquired whether the Staff was planning for fuel conservation. Mr. Larson responded that temperatures in the buildings are being reduced to 65' and that notice had been received from the supplier of vehicle gasoline stating the April allowance. He said they will be looking at ways to stay within it and they may have to eliminate some equipment. He noted that some functions are necessary regardless of the shortage of fuel. Councilman Gould asked that the Council be advised if the problem becomes serious to the extent that the City cannot perform. fl Councilwoman.Allen noted that the Council had been provided with an analysis of garbage rate increases, in view of the fact that both Sound Disposal and Apex Garbage Company are petitioning the Washington Utilities and Transportation Commission for increases in rates. She felt there was not much that the City could do about it. This was discussed, with general agreement that the City really had no grounds -on- which to object. • Councilwoman Allen noted that an AWC meeting was scheduled for April 26, but that is Edmonds Night at the Ballpark, so she would not be attending the AWC meeting. Councilman Nordquist inquired about the finances for Medic I because of an item he read in the newspaper. Councilman Carns explained that there will be a $40,000 shortfall because of the Fire District's still not joining, but there was an indication the County.would participate to a larger degree. He said individual contributions are still coming in very well. Councilman Nordquist noted that all reports regarding the program indicate it is providing excellent service. M.A.A. Dibble called the Council's attention to the long agenda for next week and he suggested MOTION: moving several items to the following week. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN HERB, TO MOVE THE FOLLOWING THREE ITEMS TO THE APRIL 24 AGENDA: (1) REPORT CONCERNING MEADOWMERE DEVELOPMENT; (2) DISCUSSION ON CONSOLIDATION OF SERVICES; AND (3) COUNCILWOMAN ALLEN'S SUBMISSION OF CITIZENS' SUGGESTIONS FOR RENAMING THE EDMONDS ELEMENTARY SCHOOL. MOTION CARRIED. MAYOR Mayor Harrison advised that there would be a short Executive Session following this evening's meeting regarding some real property. Mayor Harrison had two requests for liquor licenses. The first was from Famous Sports of Washington, Inc., operators of the First Serve Racquetball Club, requesting an A and C license (beer and wine on premises -restaurant or dining place). Councilman Nordquist said the community had opposed liquor licenses in this area in the past and he noted,that the area is frequented by youth, with the 7-11 MOTION: Store next to this facility. COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE THE LIQUOR LICENSE APPLICATION BY FAMOUS SPORTS OF WASHINGTON, INC. Councilman Clement asked how this area would differ from the Westgate area which also has several establishments that attract young people and also a nearby high school. Councilman Carns responded that Westgate is a business area and Ballinger is a residential area with very little business. THE MOTION THEN CARRIED, WITH COUNCILMEN NORDQUIST AND CARNS VOTING NO. Councilman Carns then suggested the matter be voted on again and tabled until a hearing could be held to which the neighbors would be invited. He was asked if the role of the hearing would be to gather evidence or to give the neighbors an opportunity to complain about liquor licenses, and if he thought more information would be gained then a hearing might be held. There was no further discussion on the matter. The second liquor license request was from Pan -Terra, Inc. for an H license (liquor by individual glass and/or beer and wine on premises) for the address 180 W. Dayton, a waterfront site which has a proposed development which includes a restaurant. The application seemed premature to some of the Council because the opening, if the development is approved, is a year away, but Councilman Clement expressed the view that this was the way to do it, to make the application for the development before it is opened. It was also noted that the liquor license may have a bearing on whether the MOTION: developer actually goes forward with his plan. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN HERB, TO APPROVE THE LIQUOR LICENSE APPLICATION OF PAN -TERRA, INC. MOTION CARRIED. Mayor Harrison inquired whether any of the Council would be attending the April 26 meeting of Snohomish County Cities and Towns. None will attend. Regarding the AWC convention, June 12-15, Mayor Harrison said he must advise who the voting delegates from Edmonds would be. Council members Naughten, Allen, and Carns were appointed as they would all be attending. Councilman Clement also will be attending but under the auspices of the SCPTBA. Mayor Harrison advised that he had received an appeal of an ADB decision by Diamond Parking, and he read the letter. He said it was an urgent matter as they are ready to open the parking lot.. COUNCILMAN MOTION: HERB MOVED, SECONDED. BY COUNCILMAN NORDQUIST, TO SCHEDULE THE DIAMOND PARKING APPEAL OF AN ADB DECISION FOR:APRIL'.24, 1979. MOTION CARRIED. 1 is 1 E 0 April 10, 1979 - continued MOTION: 1 MOTION: 40 REPORT FROM COMMITTEE STUDYING POLICY ON PROFESSIONAL SERVICES Public Works Director Leif Larson submitted a report.which.was comprised of.a recommended policy to cover the procurement of all consulting services for th6­City except those which, in the judgment of the program manager, are minor in nature or are of such a scope that they can reasonably be assigned to an obviously well -qualified professional who possesses particular background or experience to perform the work. The Professional Services Policy Review Committee consisted of Councilmen Carns and Gould, and Mr. LaTourelle, Mr. Larson, and Mr. Herzberg. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO ACCEPT THE REPORT OF THE PROFESSIONAL SERVICES POLICY REVIEW COMMITTEE, AND TO ADOPT THE PROPOSED POLICY. There was.a brief discussion.. Councilman Herb asked for assurance that the Reid -Middleton contract would be reviewed prior to its renewal. THE MOTION THEN CARRIED. REVIEW.APPEAL PROCESS ON DECISIONS MADE BY CITY EMPLOYEES City Attorney Wayne Tanaka said there were two categories of appeals involved: (1) Decisions of the responsible official under SEPA, and (2) Those decisions made by officials that are not subject to review of the Planning Commission or Board of Adjustment, such.as building permits. The discussion began, but Councilman Herb commented that Felix Reisner will.be discussing the whole regulatory system and this should be brought to his attention. Councilman Clement agreed, but he commented that going to court is an expensive way to appeal a decision and should be a kind*of last resort way of,appea.ling a decision for the average citizen. Mr. LaTourelle said he had met with Mr. Reisner and in discussion they determined .that. they will try to internalize as many appeals as. they can, but he noted that.some are specified by State law. Councilman.Clement said another thing that bothered him was that it appeared it was more difficult to get a favorable ruling on an appeal if it was to undo something on which somebody has already spent money. He felt if there was going to be an appeal process there should be some finite period and if that period has elapsed work does not start--that.would.be almost an automatic injunction. Mr.'LaTourel-le responded that in most cases the work does stop when an appeal.is filed and any progression of work is at the developer's risk. There was no further discussion on this item. Mayor Harrison, at this time, introduced Don Drew, the owner.of Pacific Fast Mail. Mr. Drew's company had published a book, "The Great Northern Railway," a pictorial study about the prototype railroad from Minneapolis to the west coast, a copy of which he presented to.Kathy Turner for the Edmonds Library. DISCUSSION..OF..HOME OCCUPATIONS Community Development Director John LaTourelle said there are thousands of home occupations in the City of Edmonds.but they have not.presented an administrative problem. He said that when they do go wrong itisusually because the applicant has given inadquate information or has withheld information at the beginning, or the business becomes too successful and outgrows the. intent of the home occupation. He said there.also are some people who.just do not adhere to established conditions, but they are the minority. The bulk of home occupations consist of a desk, a telephone, and a filing cabinet. Councilman Nordquist added that home occupations have been a problem in years past when people cannot afford to.go into business in a commercial area. He then provided photographs he had taken o.f.,two current homes that house home occupations which he felt presented problems, and he said ,,residential neighborhoods should be..kept.res.idential and not..look commercial. Councilwoman Allen noted.that,there are many obvious home occupations. Councilman Gould suggested that the Council may want to state thei-r philosophy.more definitely in the home occupation criteria. He commented on one hearing he..had.observed when the.app.l.icant did automotive repairs.in his home, and in that case Councilman...Gould.felt the Board.of.Adjustment did not have enough guidance and criteria to deny that for cause. Councilman Carns suggested a work meeting with the Board of Adjustment to go over the criteria and he noted that evenif the City should go to a hearing examiner process there will still have to be criteria established.. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO INVITE THE BOARD OF ADJUSTMENT TO.MEET..WITH THE COUNCIL TO DISCUSS HOME OCCUPATION CRITERIA ON MAY 8, 1979. MOTION CARRIED. There was no,fur.ther business to come before the Council and the meeting adjourned to Executive Session.at 9.:35 p.m. IRENE VARNEY MORAN, Cig Clerk April 17, 1979 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 Harve Harrison, Mayor Mike Herb Katherine Allen Phil Clement* John Nordquist Ray Gould Tom Carns Larry Naughten STAFF PRESENT Charles Dibble, M.A.A. John LaTourelle, Community Development Director Fred Herzberg, City Engineer Jim Jessel, Parks.& Recreation Manager Irene Varney Moran,.City Clerk Mary Lou Block, Assistant City Planner Wayne Tanaka, City Attorney Jo Ann Fischer, Recording Secretary 0