19791023 City Council Minutes440
October 16, 1979 - continued •
MOTION: NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT ACTION ON THIS ITEM BE POSTPONED FOR 30 DAYS
TO PURSUE SOME ALTERNATIVES, AND THAT THE TEMPORARY STREET USE PERMIT BE EXTENDED FOR THAT PERIOD TO
ALLOW FOR THE USE OF DUMPSTERS ON THE 3RD AVE. SIDEWALK. MOTION CARRIED.
COUNCIL
Councilman Nordquist advised that the Health District had arrived at the.figure of $1.30 per capita
as a preliminary figure to use for the 1980 budget.
Regarding a proposed youth council, Councilman Nordquist reported that Councilman Kasper -and he had
been working on this and had received indications of much interest.in such a council.- He felt they
should have a preliminary report in 60 days.
Councilman Carns noted that an appeal of an ADB decision had been heard approximately one month ago,
MOTION:
with the appeal being denied, but the,.,si,gn had not::been,--removed:` ` COUNCILMAN "CARNS' MOVED, SECONDED
BY COUNCILWOMAN ALLEN, THAT THE CITY ATTORNEY BE INSTRUCTED TO TAKE NECESSARY ACTION TO HAVE THE
Tabled
SIGN REMOVED (HONG KONG GARDENS RESTAURANT). Councilman Herb suggested that a letter should be sent
to the restaurant owner before putting it in the hands of the City Attorney. City Attorney Wayne
Tanaka responded that they always send a letter before commencing -other action. Councilman-Naughten
felt this should be handled by normal process, rather than putting it.in the hands of the City
Attorney, but Councilman Carns said there are laws by which to abide and he felt it was time to act
MOTION
on this. COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILMAN.CARNS, TO TABLE THE PREVIOUS
TO TABLE:
MOTION FOR ONE WEEK, ON THE PREMISE THAT.THE COUNCIL WILL GET A REPORT ON THIS FROM THE COMMUNITY
DEVELOPMENT DIRECTOR. MOTION CARRIED.
Councilman Naughten asked the procedure for purchasing stationery and business forms and if there
was a bid procedure. M.A.A Charles Dibble responded that on minor items they get quotes but do not
go out to bid, and on some printed forms a printer has previously printed them and has them set up
so would be less expensive than going to a new printer. City Attorney Wayne Tanaka added that State •
law only requires going out to bid for property over $2,000 in value..
Community Development Director John LaTourelle noted that an appeal had been received from Money
Savers Pharmacy and Five Corners Cleaners regarding an ADB decision. He suggested the Council hear
MOTION: this appeal November 6, 1979. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN HERB, TO PLACE ON
THE NOVEMBER 6, 1979 AGENDA THE APPEAL OF AN ADB DECISION BY MONEY SAVERS PHARMACY AND FIVE CORNERS
CLEANERS.. MOTION CARRIED.
There was no further business to come -before the Council, and the meeting was adjourned at 8:10 p.m.
U
IRENIE VARNEY MORAN, ity Clerk HARVE.H. HARRISON, Mayor
October 23, 1979
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 ABSENT STAFF PRESENT
Harve Harrison, Mayor Tom Carns Charles Dibble,. M.A.A. •
Mike Herb Fred Herzberg, Public.Works..Director
Bill Kasper John .L:aTourel l.e., Community .Devel . Di r.
Katherine Allen Irene Varney,Mor,an,, City Clerk
John Nordquist Art Housl.er., Finance Director
Ray Gould Marlo Foster, Police Chief
Larry Naughten Gary McComas, Acting Fire Chief
Mary Lou Block, Planning Division Mgr.
Wayne Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
Councilman Nordquist advised that he had received a call from Mrs...,.Carns this evening saying that
Councilman Carns was detained with business in Redmond so he would not be present at this evening's
meeting.
CONSENT AGENDA
MOTION: Councilman Naughten asked that Item (.F) be removed from the Consent Agenda. COUNCILMAN NORDQUIST
MOVED, SECONDED BY COUNCILMAN KASPER, TO APPROVE THE BALANCE OF THE CONSENT.AGENDA. MOTION CARRIED.
The approved items -on the Consent Agenda included the following:
(A) Roll call.
(B) Approval.of Minutes of Octo.ber.16, 1979.
(C) Acknowledgment of receipt of C.laims-.for.Damages from.Ruth L. Gaines in the
amount of $300 and Paul E. Mul1.ins...n the amount of $62.02.
(D) Setting date of November 6, 1979 for hearing on design review.of PRD-2-79
(20826 83rd Ave. W.) •
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• October.23, 1979 - continued
(E) Authorization for Mayor to sign amendment to interlocal agreement for
SNOPAC.
(G)..Include on November 6 Agenda a review of.schedule of.Budget Work Meetings.
APPROVAL -OF AUCTION SALE OF OBSOLETE OFFICE:EQUIPMENT [Item .(F.).on Consent Agenda]
Councilman Naughten asked what the procedure is for disposing of obsolete equipment, other than to store
it and then have'an auction. He felt the items might demand a better price if they were declared obsolete
when they were replaced, rather.than.storing them. M.A.A.-Dibble responded that there had been no
procedure established and the items...on.this list had come from all over the City.. Sometimes a piece
of equipment had been held because.,i.t.was-thought some use.might-be made of it, some of it was kept
as backup equipment, etc. Mr. Dibble...sa.id.all of.these.i.tems.had.been offered to all the departments
to see -if there was any use for.:them,.and in the future any..obsolete equipment will be disposed of
whenever there is a Police Department..auction..:Counci.lman..Nordqu.is.t...suggested some of the items may
be underpriced, judging from.h.is.own exper.i.ence_..in the,.off.ice.equipment business. COUNCILMAN.NAUGHTEN
MOTION: THEN.MOVED, SECONDED BY COUNCILMAN..GOULD:,..TO.APPROVE...I.T.EM,.(F) ON -THE CONSENT AGENDA. MOTION CARRIED.
MAYOR
Mayor Harrison said he would .l.i.ke.to appoint Ann McGee.to serve -on -the Board of Adjustment to replace
Alice Stole, and he asked if the Council would care to wa.ive.the'normal interview since Mrs. McGee
has served on the Parking`Commission and previously had been...interviewed. It was the general consensus
that the interview should be held, -as a.courtesy and to get better acquainted with the appointee.
The Council will interview Mrs. McGee at 7:00 p.m., Octobe.r..30,.1979, in the Mayor's office.
•
Mayor Harrison presented a certificate to Alice Stole, recognizing her service on the Board of
Adjustment, and -to Bill Phillips,.recognizing his 19 years'.serv.ice on the Park Board.
Mayor Harrison called attention to the fact. that Council meetings were scheduled for Christmas Day
MOTION:
and New Year's Day. COUNCILMAN NORDQUIST MOVED, SECONDED..BY.000NCILMAN HERB, TO CANCEL BOTH THE
DECEMBER-25, 1979 AND THE JANUARY 1,.1980 COUNCIL MEETINGS. This was discussed at length, with a
general'..feeling that the meet.ings..would.not.be necessary. However, Councilman Gould.pointed out that
a..citizen-:may:!wish to br_isng'.someth.ing,.to.�.the.Councj,l .and w.i.thout -those meet-ings`.her.woul:d hav,e.a long
wai tito:. do, so,.,. ` ;.Jt:.was- agreed:,that :.i t would-be best to schedule another meeting during that period.
MOTION:
THE MOTION CARRIED. COUNCILMAN NAU.GHTEN THEN MOVED, SECONDED-BY.000NCILMAN NORDQUIST, TO SCHEDULE A
CITY COUNCIL MEETING ON JANUARY 3,...1.980.'.MOTION CARRIED, WITH COUNCILWOMAN ALLEN VOTING NO. Council-
woman Allen felt a meeting during..this period.was unnecessary.. It was noted that major issues
should -not be scheduled for this meeti.ng because of the probable.small citizen attendance.
HEARING ON.P.C.. RESOLUTION 633 RECOMMENDING APPROVAL OF.PROPOSED.AMENDMENT TO OSM
TO REDUCE RIGHT'OF=WAY'FROM 60' TO'50':ON 72ND AVE. W., BETWEEN.176TH S.W. AND
174TH S.W. FILE ST=13'79
Planning Division Manager Mary Lou Block indicated that members of the the Planning Division and
Engineering Division had inspected the site and, after examining alternatives, had decided there was
no reason.,to:retain the right=of-way. .The topography in the area is very steep and chances that a
road would ever be`built there were minimal. The existing.pavement is on the western portion of the
right-of-way and the reduction.was proposed.on the eastern portion. Ms. Block noted that the road
is closed just beyond 175th S.W. She recommended approval of the.proposal. The public portion of
the hearing was opened. Randy Sleight of Reid-Middleton.&..Associates, representing the applicant,
said the reason the road is not open beyond 175th S.W. is because it.is so steep. No one else
MOTION:
wished to speak, and the public portion of the hearing was closed.. COUNCILMAN HERB MOVED, SECONDED
BY COUNCILMAN'NORDQUIST; TO ADOPT ORDINANCE 2100, PURSUANT.TO P.C. RESOLUTION 633. MOTION CARRIED.
• CONSIDERATION OF TAKING OVER STATE... PARKING LOT
Public Works Director Fred Herzberg said at first it appeared..that.there would be no problem with
the City's taking responsibility and control'of the Edmonds Ferry Terminal Walk-on Park and Ride
lot, but then Fred Peil, Assistant. Secretary for Marine Transportation, felt this.may establish a
policy, and he wanted to study similar situations throughout.the ferry system in an effort to develop
a consistent policy. Their study will take approximately one year, so Mr. Herzberg suggested
Edmonds be used as a pilot.program, which Mr. Peil thought might be acceptable. Mr. Herzberg therefore
submitted a proposal letter to Mr. Peil which will be taken before the Washington Transportation
Commission, and Mr. Peil will then contact Mr. Herzberg. Mr. Herzberg felt there did not appear to
be any great objection to the proposal. Possible modifications or alternatives were discussed
briefly, and' the report was accepted.
PRESENTATION OF THIRD QUARTER.FINANCIAL REPORT
Finance Director Art Housler'presented.the financial report, using comparative graphs.to demonstrate
this year's third quarter status,with.-that..of previous.year.s. .He.demonstrated how .the retail sales
taxes and building permits are.used as.a.basis.for projections,,..and.he projected a.cash carry-over
to 1980 of $215,900 but stressed .that.the..cash carry-over-is.budgeted for expenditure later in the
year. He forecast a $15,000'drop.in.retail-sales tax next year.and stated that the City must be
prepared 1o.r that. He was requested.to provide..the Counc.i.1._.with,budget information indicating the
cash carry-over for the last five..years and unexpected expenditures which had come up during that
period. -He was commended for:an:excellent:presentation,,and,further commended by Councilman Nordquist
for his own personal growth in;his position as Finance Director.
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442.
October 23, 1979 - continued
COUNCIL
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MOTION:
MOTION:
(Amended)
Amendment
'MOTION:
Councilwoman Allen advised that the date of the.reception for boards and commissions was in conflict
with that of the annual Historical. Society dinner, and suggested the date might be changed. Alternate
dates suggested were November 16 or December.7. If neither of those dates are possible the date
probably will remain -as November 30.
Councilwoman Allen.noted.that a..petit.ion.had.been.received..asking..for closer..parki.ng to the Anderson
Center, most of the petitioners being:membe,rs of.art classes.. The recent.changes in parking at the
Center were for safety reasons, and.it was noted.that there.i.s a parking.lot available. The Council
asked that a letter be sent to:the petitioners explaining what..has.happened to cause -the recent
parking changes.
Councilwoman Allen acknowledged a memo from M.A.A. Dibble, suggesting that at the end of the November 6
agenda.an<iitem,be added .to "Review Schedule .of Budget Work Meetings." He suggested that at that
time the Council may wish to advance the November 15 budget..work,to.the November 13 meeting as its .
agenda is limited.
Councilwoman Allen noted that a letter had been received from Robert Pantley saying he was prepared
to deed to the City the parcel on the waterfront previously discussed to be used as park property.
Community Development Director John LaTourelle said there are certain things that must be done
before the value of that gift can be used.to.request IAC matching funds, but he said those things
could be done within the time frame desired by Mr. Pantley. COUNCILMAN GOULD MOVED, SECONDED BY
COUNCILWOMAN ALLEN, THAT THE CITY COUNCIL TAKE ACTION TO MOVE TO ACCEPT THE PROPERTY, CONDITIONAL
UPON THE PROCESS DESCRIBED BY THE COMMUNITY DEVELOPMENT DIRECTOR AND THE TIMING ESTABLISHED BY THE
STAFF. MOTION CARRIED.
Councilwoman Allen noted that word had been received that Hong Kong Gardens did not intend to take
any action in regard to the sign which they were told to remove. Mayor Harrison now asked Mr.
LaTourelle to find out what would make that sign legal. Councilman Herb was not sure the motion was
valid, thinking this may be an executive. decision. City Attorney Wayne Tanaka stated that the Mayor
is responsible to see that the ordinances of the City are enforced and he has a.Staff, including the
City Attorney's Office, to help him do so. Mayor Harrison said that as a matter of administrative
policy he did not regard a name change on a sign as a substantial change, and he thought it was
within the administrative prerogative to establish what constitutes.a substantial change, but this
was just a name change. Mr. Tanaka suggested that for future cases the Staff prepare a proposed
Code amendment to clarify this. Councilman Gould agreed, saying the better the guidelines in the
ordinance the better they will be interpreted and administered. Mr. LaTourelle said his staff had
been working on a definition of "substantial change" and it is not an easy task. Mayor Harrison
then stated that the public relies on him to make that kind of judgment and he will continue to make
it --and not.the Planning Department--unti.l.the Council makes it for. him. Councilwoman Allen responded
that this Council passed a Sign Ordinance and this.si.gn is absolutely out of line with the Sign
Ordinance, and the Council has a reasonable right to expect that when its.intent is relatively well
set out that the administration will go along with that policy. The Mayor then said that the
Council should define exactly what it means and that will be administered, but until it is defined
the Mayor will make a judgment. Councilman.Gould advised the Mayor that an action was taken by the
Council to uphold the. ADB decision on this, that the Council took a formal action, and that the
Mayor is bound by his office to uphold the.Council's actions whether he likes it or not. He stated
that within the Mayor's administrative.capacity he could work with his Staff on other cases of Sign
Ordinance interpretations, case by case, as he might see fit. Mayor Harrison responded that this
particular one has already been processed by the City Council and so be it, but in the future name
changes will not constitute a substantial change unless the Council takes.action to that effect.
COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE COUNCIL WOULD RECEIVE A
RECOMMENDATION OR OPPORTUNITY TO DISCUSS ON THE AGENDA AN ITEM REGARDING THE INTERPRETATION OF
"SUBSTANTIAL CHANGE" REGARDING THE SIGN ORDINANCE. It was noted that another ADB appeal regarding
the Sign Ordinance was scheduled on the agenda of November 6 and it was generally agreed that the
Council should make its determination before hearing another appeal. Mayor Harrison said this was
an issue that would be fought out between the Mayor's Office and the City Council because the public
has put him in this spot. Councilwoman Allen responded that the City Council passed an ordinance
with the intent to keep the signs in the City at a proportional size and although a large number of
businessmen had complained, the Council had a great deal of support from the public at large for the
continuance of that particular ordinance, and she did not feel: the least bit defensive about that
ordinance. And she.said that they, as a Council, decided at a.recent meeting that this particular
sign was nonconforming because that sign was substantially changed when the name was changed.
Councilman Herb felt the City Attorney.had no authority.to. state i.t..was.a substantial change because
there was no case law on it, but Councilwoman Allen.said.the.Counci.1.accepted that answer and made a
motion and voted because they considered.it a substantial ,change...Counci.lman Gould said the solu-
tion to the problem is to define the ordinance closer so the Council takes the heat instead of the
Mayor. It was suggested that the November 6 appeal be postponed.,if possible, but the City Attorney
said it must be heard within 30 days. Mayor Harrison said he had.spoken to one of the parties this
evening who said they intended asking for a two -week extension because one of the parties will be
out of town. Mr. Tanaka said if the appellant asked for the extension it could be granted. COUNCILMAN
GOULD THEN AMENDED HIS MOTION, SECONDED BY COUNCILWOMAN ALLEN, TO ESTABLISH NOVEMBER 6, 1979 AS THE
DATE FOR THAT DISCUSSION. THE MOTION TO AMEND CARRIED. THE.MAIN.MOTION, AS AMENDED, THEN CARRIED.
COUNCILWOMAN ALLEN THEN MOVED, SECONDED BY.000NCILMAN HERB, THAT.IF THE APPELLANTS IN THE ADB.MATTER
SCHEDULED FOR NOVEMBER 6, 1979 REQUEST.AN EXTENSION,. THE COUNCIL:WILL AUTHORIZE AN EXTENSION TO
NOVEMBER 20, 1979. MOTION CARRIED..
Councilman Gould said he would like to place,on a .future agenda a discussion of the City's policy
regarding disposal of City -owned, vacated properties. He noted that*in the recent past small pieces
of property have been vacated and given to the abutting property owners at no cost and he suggested
some consideration be given to placing some value on such parcels. He was interested also in
knowing what neighboring cities do. Councilman Nordquist-noted that a site at 80th and 212th was a
1
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• October 23, 1979 - continued
44z
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MOTION: good example about one or two years .ago. COUNCILMAN GOULD.MOVED,.SECONDED BY COUNCILMAN NAUGHTEN,
TO PLACE ON THE DECEMBER 4, 197.9 AGENDA A DISCUSSION REGARDING THE.CITY'S POLICY IN DISPOSING OF
CITY -OWNED, VACATED PROPERTIES. MOTION CARRIED.
Councilman Nordquist thanked,.Commun.ity Development Director John LaTourelle for his action regarding
the request.for additional lighting at..the.Anderson.Center.
Councilman Naughten noted.that..,a....lega.l opinion had been received..saying it is legal to turn in
driveways.
There was no'further business.to.come.before.the Council.,, and.the.meet.ing was adjourned at 9:20 p.m.
IRENE'VARNEY MORAN, CAty Clerk
October 30, 1979 - Work Meeting
HARVE..H. HA RISON, Mayor
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. Mayor Harrison arrived shortly thereafter.
PRESENT STAFF PRESENT
Harve Harrison, Mayor Charles Dibble, M.A:A.
Mike Herb Fred Herzberg, Public Works Director
Bill Kasper John LaTourelle, Community Develop. Dir.
Katherine Allen Irene Varney Moran, City Clerk
John Nordquist Marlo Foster, Police Chief.
Ray Gould Jack Weinz, Fire Chief.
Larry Naughten Jim Jessel, Parks & Recreation Manager
Tom Carns John Wallace, City Attorney
Wayne Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
CONSENT AGENDA
MOTION: Items (D) and (E) were removed from the Consent Agenda. COUNCILMAN NAUGHTEN MOVED, SECONDED BY
COUNCILMAN NORDQUIST, TO APPROVE .THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved
items on the Consent'Agenda included the following:
(A) Roll call.
(B) Approval of Minutes of October 23, 1979.
(C) Report on bids opened October 24, 1979 for repainting Five Corners Water
•
Tank, and award of bid to Coastal Coatings in the amount of $.18,532.80,
including sales tax.
(F) Acceptance of Quit Claim -Deed and Correction Easement from John J. and
Edna Jones (File S-68-78).
(G) Setting date of November 20, 1979 for hearing on P.C. Resolution 634
recommending approval of proposed amendment to Official -Street Map
to extend Cyprus P1. (File ST-11-79)
(H) Authorization for Mayor to sign Building Use Agreement for Puget Sound
College of the Bible.
(I) Authorization for issuance of Taxicab License to George Loehr.
REQUEST FOR TAXI STAND [Item (D) on Consent Agenda]
The Plaza Cab Company had requested permission to install a taxi stand at the corner of Main St. and
5th Ave, at the curb area of Orner's Shoe Store. In previous years they had a taxi zone at this
location. Councilman Carns noted that this location is probably the most heavily impacted parking
area in the City, and he asked how many parking spaces it would take and whether there would be a
charge incurred. He was told two spaces would be taken and no charges -were anticipated. M.A.A.
Dibble said he had not encountered this where a fee was charged, that.providin_g the taxi stand was
in the nature of a public service. Councilman Nordquist..commented that since the corner parks have
been installed it is difficult to pull out of that parking location, and he suggested the taxi stand
be located directly around the corner, on 5th Ave., in front of the jewelry store. Police Chief 1 -
Marlo Foster agreed that would be a better location. After further discussion, COUNCILMAN CARNS
MOTION:
MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE REQUEST FROM PLAZA CAB FOR A TAXI STAND, BUT
THAT IT BE LOCATED ON 5TH AVE. IN FRONT OF THE JEWELRY -STORE.. MOTION CARRIED.
•