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19790508 City Council MinutesGS May 1, 1979 - continued is PRESENTATION BY THE PARKS AND RECREATION DIVISION THERE.BE INCLUDED.A LIST OF PROJECTS OR ACTIVITIES THAT WERE BUDGETED BUT COULD BE DROPPED IN ORDER TO FUND THIS STUDY. Mr. LaTourelle stated that the main portion of the budget is for personnel. THE MOTION TO AMEND:CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. PROPOSED AMENDMENT TO.SIGN CODE Mayor Harrison asked that the Sign Code be amended in the third sentence of 20.10.030(1) where it is stated that the ADB shall approve the number and type of signs to be permitted, in that "location" also be included, so that section states: ". . . the ADB . . . shall approve the number, location, and type of signs to be permitted . . ." He said some businesses had found it not practical to move an existing sign and he felt the ADB was the most qualified body to make that determination. MOTION: Councilman Herb agreed and gave an example in support of the proposal. COUNCILMAN HERB THEN MOVED Withdrawn THAT SECTION 20.10.030 OF THE EDMONDS CITY CODE BE AMENDED AS REQUESTED BY THE MAYOR'S APRIL 269 1979 MEMORANDUM TO THE COUNCIL. City Attorney Wayne Tanaka posed questions regarding other sections that this amendment would affect. The Council was not agreeable to major changes. COUNCILMAN HERB MOTION: WITHDREW HIS MOTION AND THEN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE SIGN ORDINANCE THAT WOULD REFLECT THE INTENT OF THE MAYOR'S APRIL 26, 1979 MEMORANDUM TO THE COUNCIL. COUNCILMAN NORDQUIST SECONDED THE MOTION. Mr. Tanaka advised that there would have to be some additional -modifications. THE MOTION THEN CARRIED. There was no further business to come before the Council, and the meeting.adjourned to Executive Session at 10:10 p.m. IRENE VARNEY MORAN., Cil7y Clerk May 8, 1979 - Work Meeting ti HARVE H.'HARRrSON, Mayor 1 u The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Pro tem Ray Gould. in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Ray Gould Harve Harrison, Mayor Charles Dibble, M.A.A. Mike Herb John Nordquist Leif Larson, Public Works Director Katherine Allen Mary Lou Block, Acting Commun. Dev. Dir. Phil Clement Art Housler, Finance Director Tom Carns Irene Varney Moran, City Clerk Larry Naughten Jack Cooper, Fire Chief Fred Herzberg, City Engineer Wayne.Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE THE CONSENT AGENDA. MOTION . CARRIED. The Consent Agenda included the following: (A) Roll call. (B) :Approval of Minutes of May 1, 1979. (C) Authorization to execute agreement with WSDOT for City participation on SR 524. (D) Passage of Resolution 435, transferring funds from Council Contingency fund 119 to General Fund 001, for the purpose of converting four CETA funded.positions to City funded positions. (E) Passage of Resolution 436, transferring funds from Council Contingency Fund 119 to General Fund 001 and from the Park.Acquisition/Development Fund 125 to Council Contingency Fund 119. (F) Adoption of Ordinance 2067, amending Sign Code. COUNCIL Councilman Clement had several questions regardi.ng the status of the Water/Sewer Construction Fund. A status report,.reflecting,a deficit of $37,704.65, had been.submitted by the Public Works Director who explained how it was expected the, deficit would be made up, and.who also requested authorization to delay implementing the Council's motion concerning a detention basin in Maplewood Park. Mr. Larson stated they wished to perform some engineering evaluations on several of the other areas with serious drainage problems. No Coucil action was taken at this time, but Mayor Pro tem Gould and Councilman Carns.-both indicated they felt -the Council had made a commitment regarding the Maplewood Park detention basin. 0 w May 8, 1979 - continued 369 Councilwoman Allen -advised she would be absent May 22 and May 29. MAYOR Mayor Pro tem Gould advised that the Council was requested .to set a date for hearing of the preliminary --� MOTION: plat of "Lauri Ann Park No. 3" (File P-4-78). COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO SET THE PRELIMINARY PLAT OF "LAURI ANN PARK NO. 3" (FILE P-4-78) FOR HEARING ON MAY 22, 1979. MOTION CARRIED. Mayor Pro Tem Gould referred to a.memorandum from M.A.A. Dibble regarding selection of a consultant to do the preliminary design work for improvements to the.City's waterfront properties. The firm of Calvin Jordan and Associates had.been selected and authorization was requested for the work to start, the City Attorney to draft a letter of agreement with.that firm, and for the Mayor to sign such agreement. The design to.be developed will accompany ..the IAC application to be filed by June 30, MOTION: 1,979 ;so,immed:iate'�action:was requested. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A LETTER OF AGREEMENT WITH CALVIN JORDAN AND ASSOCIATES TO DO THE PRELIMINARY DESIGN WORK FOR.IMPROVEMENTS TO THE EDMONDS WATERFRONT, FOR THE FEE OF $3,900, THAT THE MAYOR BE AUTHORIZED TO EXECUTE SUCH LETTER OF AGREEMENT,.AND THAT THE WORK PROCEED IMMEDIATELY ALONG THE LINES OF THE SCOPE OF WORK ATTACHED TO THE M.A.A.'S.MAY 8, 1979 MEMORANDUM ON THIS SUBJECT. Councilwoman Allen asked if this design was intended to become a part of the Comprehensive Parks Plan, and Acting Community Development.Director Mary Lou Block responded that the finished product could be used in the park planning. THE MOTION THEN CARRIED. Mayor Pro tem Gould advised that.Roger Hertrich had provided a letter from the Department of Fisheries (copies of which were distributed) whiff h transmitted a report on streams in and near,the City of Edmonds, on associated fish life, and on general conditions of the streams. This was intended to be • utilized for the June 5 Drainage System" earing. Mayor Pro tem Gould noted that the.City Clerk had provided a memorandum regarding the procedure in filling a Council position vacancy. That will be acted upon on May 22. At'th.ist.time-sever.al+:Council members adv.ised.of dates they will be out of town or not available, in order to assist in scheduling interviews of candidates for the vacancy. Councilman Herb will not be available May 30-31, Councilman Naughten will not be available May 25-28, and Councilman Gould will not be available May 24-28. Councilwoman Allen will be away.May 22-May 29 but will return May 30 and will be available immediately. Councilman Carns will not be available..weekends. City Attorney Wayne Tanaka was asked.for a report on the Tom Bly vs. City of Edmonds appeal, copies of the appellate decision having been.distributed to the Council.this evening. The Court of Appeals had accepted the City's argument that the names and home addresses of the officers were irrelevant to any issues involved in Mr. Bly's civil lawsuit against the City, and the court also agreed that the officers and their families.were entitled to privacy to prevent possible harrassment. Mr. Tanaka said appellate courts rarely reverse discovery orders of trial courts as a trial court has wide discretion in ordering discovery. In this case, however, the appellate court concluded that the trial judge had abused his discretionaby granting Mr. Bly's discovery request since the City had agreed to make the police officers available for a deposition or for a formal or informal talk, and since Mr. Bly had failed to make a.showing of need for or relevance of the information. Mr. Tanaka said the Supreme Court would not have to.consider this case because it was a unanimous opinion of the three appellate judges. However.,. Mr. Bly can appeal and it would be discretionary with the Supreme Court .as to whether or not to.consider the case. Councilwoman Allen commented that this court decision brought to mind another recent decision having MOTION: to do with power boats on lakes, and she felt the issue of power boats on Lake Ballinger should be discussed again. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN CARNS, THAT A DISCUSSION BE SCHEDULED FOR JUNE 19, 1979 REGARDING THE RESTRICTION OF POWER BOATS ON LAKE BALLINGER,' AND THAT REPRESENTATIVES FROM THE CITY OF MOUNTLAKE TERRACE BE INVITED TO ATTEND. MOTION CARRIED. DISCUSSION WITH.BOARD OF ADJUSTMENT..REGARDING HOME OCCUPATION PERMIT.CRITERIA Members of the Board of Adjustment..pr.esent for this discussion were:. Chairman Alice Stole, Paul Roy, Ann Derleth, Jack Byrd, and. Harold.Hatzenbuhler. .Mary Lou...Block advised that of the 200+ applications processed in recent years there had been complaints received on approximately three, with several complaints on each of. those.. She felt that Home Occupation Permits generally had not been a problem.. One -specific permit which had been brought to -the Council's attention by Councilman Nordquist recently had been the subject of an appeal by the.neighbors. Mr. Roy stated that the applicant had remodeled his home at the same time as he started his business at this location and there was a lot of activity because of the remodel (trucks.coming.and going, etc.) which caused the neighbors concern. The Board discussed the information revealed at the appeal hearing, which had resulted in denial of the appeal. Chairman:Alice Stole noted that the applicant, however, had been advised to make certain changes .to remove the commercial appearance from his home. Another appeal heard approximately one year ago was discussed, in which case the appeal was granted and the applicant was given a year.to move his business to another location. .Chairman Alice Stole said she recently drove past that home and all indications of a business had been removed. The Board was asked if they found the criteria to be specific enough for them to make decisions, and they felt they were. Mr. Byrd noted that many of the public do not know what the criteria are or they do not understand them, and what the. Board often faces.is a neighborhood feud. The question was addressed as to who should hear appeals regarding Home.Occupat.ion Permits. 'The Board felt such appeals should be addressed to them, as they currently are,.because.the Board has had all of the input. It was commented that the neighbors can return to those who established the conditions and tell them that those conditions are not being met.`I''was also noted, however, that -the only appeal of -the Board of Adjustment decision is-to.the'Superior Court,jand_.that can be foreboding., Councilman Clement asked if the Board could refuse to grant a permit if.all.the criteria were met:.'City Attorney Wayne Tanaka responded that it is a discretionary decision.1f it is contrary to publ.i.c interest; that no one is entitled to the permit, and.the burden is on the applicant to show that the criteria are..met. The..Board,was advised that the Council had been somewhat concerned when they received a report indicating very few applications denied. ever were Mr. Roy responded that before the application goes to the Board it is • screened very carefully by the Staff and that is why there are so few denials. Councilwoman May 8, 1979 - continued Allen said she felt much better about Home Occupation Permits after this discussion, and she thanked the Board for coming to this Council meeting. Councilman Herb felt the Board was doing a fine job, and he felt it was important that they have independence. REVIEW OF BID BOND REQUIREMENTS Public Works Director Leif Larson had provided an analysis of the subject, noting that the question of the absence of a bid bond had arisen twice recently, once when bids for new vehicles did not include bid bonds, and once when a personal check was provided in lieu of a bid bond. Mr. Larson felt in both instances the bids had been responsive and the irregularities could be deemed minor and thereby administratively waived. His recommendation was that bid guarantees, in the form of bid bond, certified check, or cashier's check, should be required on.all construction contracts or on bids for sale of City surplus.property, but that such a guarantee should not be required of supply contractors unless they would be required to provide such a guarantee in their normal business. Councilman Carns mentioned the purchase of automobiles from State bids or established automobile dealerships, and Mr.. Larson said these are classified as supply contractors and a bid bond would not p � PP Y MOTION: required for such transactions. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN CLEMENT, TO ACCEPT THE REPORT OF THE PUBLIC WORKS DIRECTOR REGARDING BID BONDS AND TO PUT HIS RECOMMENDATIONS INTO EFFECT. -MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 8:21 p.m. 'I HAR H.'HA RISON, Mayor May 15, 1979 The regular meeting of the Edmonds City Council was called to order at 7:55 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 John LaTourelle, Community Development Dir. Phil Clement Fred Herzberg, Acting Public.Works Director Katherine Allen Irene Varney Moran, City Clerk John Nordquist Marlo Foster, Police Chief Ray Gould Jim Jessel, Parks & Recreation Manager Tom Carns Wayne Tanaka, City Attorney Larry Naughten John Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: Items (J), (K), and (L) were removed from the Consent Agenda. COUNCILMAN GOULD, TO APPROVE THE BALANCE OF THE CONSENT AGENDA, portion of the Consent Agenda included the -following: MOTION: (A) Roll call. (B) Approval of Minutes of May..8., 1979. COUNCILMAN CARNS MOVED, SECONDED BY MOTION CARRIED. The approved (C) Acknowledgment of receipt of.Claim.for Damages from Patricia J..O'Hanley in the amount of $14,550. (D) Acceptance of Phase IV, Schedule G,.Construction of Water Mains and Appurtenances, and establishment of 30-day lien period. (E) -Setting date of June 19, 1979.for.hearing on Final Assessment Roll - LID 205, Bell St. - paving.. (F) Setting date of June 19, 1979..for hearing on P.C. Resolution 622, recommending denial of a proposed amendment to the Official.Street Map to remove and to vacate a portion of Dayton .St., east of 9th Ave. S. (File ST-6-79) (G) Setting date of May 22, 1979-for hearing on P.C. Resolution 618, recommending approval of a,proposed amendment to the Official Street'. Map to contract rezone from RS-8 to RML Lot 5, Willowbrook Division 1. (File R-2-79) (H) Setting date of May 22, 1979.for.hearing on P.C. Resolution.621, recommending approval of proposed amendment to Offic.ial_Street Map to..add 177th St. S.W. and recommending denial of a proposal to amend the Official. Street Map to extend 70th P1. W. to 177th St. S.W. (File ST-3-79) 1 0 1 0 1 (I) Setting date of May 22, 1979.for.hearing on approval of preliminary plat at 177th S.W., east side of 72nd Ave. W. - Connor Development. (File P-2-79) CJ