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19791211 City Council Minutes464 December 3, 1979 - continued • be rezoned to one acre lots and thereby qualify for septic tanks indefinitely. Mr. Herzberg said that would still add more water to the soil and that was the basic problem. Glen Lobager of 15920 72nd W. said they probably would ask for downzoning if the recommended proposal were adopted in order to cut their lots in half and bring down the monthly payment. John Minier of 16020 70th W. said his mother is on Social Security and he is retired and they could not pay $51 a month for what was proposed. He did not think the upper area needed sanitary sewers. Mike Rusnak of 15620 72nd Ave. W., in the east area, said he had a lot which he bought for investment but at this point he felt it was worthless and would cost him more. He felt if the people were going to be charged for the improvements they should be told the solution would work, or else their money should not be taken. He felt the monitoring plan was too long. Further, that a piece of land such as his with no improvement on it was not contributing to the problem so it should not bear the costs until it was developed. Morgan Bates of 6960 160th S.W. said he had sympathy for the people who have the prob- lems but he did not want to pay for their problems. He stated also that a septic tank will work as long as it is -maintained properly. The public portion of the hearing was then closed. Councilman Nordquist commented that on the day the Council toured the area they could smell the situation there -and he said he would like.the Health Department again to give the City a reading on the problem and he added that the previous report was very. bad. Councilman Gould said he also would want to make the decision based on Health Department information. He added that his inclination was not to have an "east" and "west". as..he felt this was a City-wide problem. He felt there was no question but that the drainage system should be handled.on a City-wide basis and he thought the City's- other drainage -problems should be included with this, but he noted that an estimate was MOTION: needed for the rest of the City's major.project areas. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN .GOULD, THAT THE PUBLIC WORKS DIRECTOR BE ASKED TO CONTACT DR. HYATT OF THE HEALTH DEPART- MENT IN REGARD TO MAKING A STUDY OF SOIL SAMPLES FROM FROM THIS SPECIFIC GEOLOGICAL AREA AND IF AT ALL POSSIBLE REPORT BACK TO THE COUNCIL ON JANUARY 15, 1980. MOTION CARRIED. COUNCILWOMAN ALLEN MOTION: THEN MOVED, SECONDED BY COUNCILMAN KASPER,.THAT THE MONITORING SYSTEM BE ESTABLISHED IMMEDIATELY AND BE FUNDED FROM THE WATER/SEWER FUND. MOTION CARRIED. Councilman Gould noted that further action was needed on the 1980 Budget as M.A.A. Dibble had made several recommendations regarding the creation of an Operating Reserve on.which no action had been MOTION: taken. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT APPROPRIATE STEPS BE TAKEN TO IMPLEMENT M.A.A. DIBBLE'S SUGGESTIONS IN HIS MEMORANDUM OF NOVEMBER 30, 1979 REGARDING INSTITUTION OF A RESERVE FUND AND CALLING FOR SEVERAL STEPS: (1) RETAIN $125,000 IN THE LID GUARANTY FUND; (2) TRANSFER $200,000 FROM THE GUARANTY FUND TO A'PERMANENT OPERATING RESERVE FUND TO BE CREATED AND REGULATED,BY ORDINANCE; (3) APPLY INTEREST EARNED FROM THE OPERATING RESERVE FUND TO A BUILD-UP OF THE FUND AMOUNT UNTIL A GIVEN FIGURE IS REACHED, E.G., $250,000,.AND THEREAFTER MAKE THE INTEREST AVAILABLE FOR GENERAL FUND PURPOSES,; AND (4) ESTABLISH A POL'ICY.THAT ALL OR A MAJOR PORTION OF FUTURE CASH CARRY-OVER BE TRANSFERRED TO'THE CAPITAL IMPROVEMENT FUND. MOTION CARRIED. MOTION: COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, THAT BECAUSE OF THE LATE HOUR THE LAST ITEM ON THE AGENDA BE CONTINUED TO THE NEXT WEEK'S'MEETING. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 11:55 p.m. IRENE VARNEY MORAN, C' y Clerk HARVE✓H. HARRISON, Mayor December 11, 1979 - Work Meeting 1 1 The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Pro tem • Ray Goul,d.in the Council Chambers of the Edmonds Civic.Center. All present joined in the flag salute and Mayor Harrison arrived shortly thereafter. The annual Council photograph was then taken. PRESENT STAFF PRESENT Harve Harrison, Mayor Charles Dibble, M.A.A. Mike Herb Fred Herzberg, Public Works Director Bill Kasper John LaTourelle, Community Devel. Dir. Katherine Allen Irene Varney Moran, City Clerk John Nordquist Art Housler, Finance Director Ray Gould Dan Prinz, Acting Police Chief Tom Carns Jack Weinz, Fire Chief Larry Naughten Jim Adams, City Engineer Jim Jessel, Parks & Recreation Div. Mgr. Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY.000NCILMAN GOULD, TO POSTPONE UNTIL JANUARY 8, 1980 ITEM 6 Amended ON THIS EVENING'S AGENDA, DISCUSSION ON A PROPOSED COUNCIL RESOLUTION RE ESPERANCE/OLYMPIC VIEW AREA, BECAUSE HE FELT THERE WERE SOME REVISIONS TO BE MADE. M.A.A. Charles Dibble said'the pro- ponents had asked that it be presented now.because they want to print some election information and want to include this. Councilman Could responded that there were some substantial changes which the Council was considering and they needed some further discussion before they could agree. He felt Amendment January 8 would be more timely. COUNCILMAN NAUGHTEN THEN MOVED TO AMEND THE MOTION, SECONDED BY COUNCILMAN CARNS, THAT THE ITEM BE CONTINUED TO DECEMBER 18, 1979. THE MOTION TO AMEND CARRIED. - THE MAIN MOTION, AS AMENDED, THEN CARRIED. LJ • December 11, 1979 - continued CONSENT AGENDA COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The items approved on.the Consent.Agenda included the following:' (A) Roll call. (B) Approval of Minutes of December.3, 1979. (C) Report on bids opened November 28, 1979 for 1980 chlorine requirements and approval to readvertise because the low bidder failed to sign the bid and the other responsive bid exceeded the available funds. (D) Authorization for Mayor to sign agreement for development of fishing pier parking lot. (E) Authorization for Mayor to sign contract with Arai/Jackson for the Frances Anderson Center architecturalbarrier removal project. (F) Adoption of Ordinance 2104 defining."Substantial Change" in.Sign Code. (G) Passage of Resolution of Intention 253 for sewer LID, vicinity of 208th and 76th. (H) Authorization for Mayor to sign contract with PAWS for animal shelter service. MAYOR MOTION: Mayor Harrison asked .for confirmation of several appointments to boards. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO CONFIRM THE MAYOR'S REAPPOINTMENT OF BILL LERAAS AND HAROLD HATZENBUHLER TO POSITIONS 1 AND 5, RESPECTIVELY, ON THE BOARD OF ADJUSTMENT, TERMS TO EXPIRE . MOTION: DECEMBER'31, 1983. MOTION CARRIED. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO CONFIRM THE.MAYOR'S REAPPOINTMENT OF DAVID XINDERFATHER TO POSITION 1 ON THE ARCHITECTURAL DESIGN BOARD, TERM TO EXPIRE NOVEMBER 5, 1983. MOTION CARRIED. Confirmation of the reappointments to the Board of Appeals was deferred until the next meeting in order to determine how long the appointees had already served and if they were eligible for reappointment. Mayor Harrison announced an Executive Session to follow this meeting regarding personnel matters (Salary Ordinance). COUNCIL Councilmen Naughten and Gould advised they would be absent December 18. Councilman Gould said he would like to be present for.the discussion on SR524 scheduled for December 18 and he requested the MOTION: date be changed. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN KASPER, TO POSTPONE TO JANUARY 15, 1980 THE DISCUSSION RE SR524. MOTION CARRIED. Councilman Nordquist said he had spoken with Dr. Hyatt of the Health Department regarding the Meadowdale situation.. She indicated she had outlined to her.staff a rather broad door-to-door examination in the Meadowdale area and she is hoping to have a report ready by January 15. Councilman Nordquist complimented.Buildings and Grounds Superintendent Felix deMello and those who worked with him on their decorating of the City for the holidays. Councilman Gould asked if there had been any action regarding the 7th and Elm property. Mayor Harrison responded that there had not, but that he had been informed that the Park Board had some • poor information on which to make their decision. He said he would like to withdraw the recommenda- tion to put the property up for sale and give the Park Board an opportunity to hear it again. REPORT ON ERNST AND WHINNEY STUDY The CPA firm of Ernst and Whinney had been engaged to develop standardized procedures for Purchasing, Inventory, Project Accounting, and Fixed Asset Systems, the project to consist of two phases. Finance Director Art Housler reported that Phase I was to develop and document manual procedures for the systems.and that has been completed. Training sessions are scheduled for the week of December 10 and the manual system will be implemented on January 1, 1980. He.said Phase II will make the necessary computer program modifications to conform to the design and development of Phase I and will prepare detailed design specifications for use by the Finance Department's programmer in the automation of the systems. The modification will be completed by January 1 but the design specifi- cations will not be finished until mi.d-February. Mr. Housler said this will be a more efficient system and will provide better reporting and better management from the Public Works area, with no additional costs to the Finance or Public Works Departments. M.A.A. Dibble added that the General Fund will benefit and overruns will be prevented whereas.currently the City does not have a system whereby it can be determined how much !has been obligated as a job progresses. He said that at this MOTION: point a decision has not been made as to where Purchasing should be. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO PLACE ON THE APRIL 1, 1980 AGENDA A DISCUSSION REGARDING A PURCHASING AGENT FOR THE CITY. Mayor Harrison stated he felt a Purchasing Agent was needed. He noted that there are a lot of checks on the purchasing, but he.asked if it didn't make common sense to put the Purchasing Agent on at this time and have him go through this training also. Councilman Gould noted that the position is in the 1980.organiza.tional chart and he was strongly inclined to think the City should have a single Purchasing Agent., Councilman Carns stated that Public Works is the only depart- ment that spends a lot of money and it may be that having.each Department Head do it will be best, .but there should be an opportunity to study it. Mayor Harrison added that consideration should be given to joining with another municipality such as Lynnwood for purchasing. M.A.A. Dibble also added that they want to see if this responsibility can be combined with some other function. He • 466 December 11, 1979 - continued U ..noted that in Lynnwood they combine the Purchasing Agent position with the Accounts Payable Clerk. THE .MOTION CARRIED. DISCUSSION ON POSSIBLE CHARGES TO ABUTTING:PROPERTY OWNERS ON CITY -OWNED VACATED PROPERTY Councilman Gould had brought up this subject and and he now said it appeared to him that it would be a good practice to do as Everett does --charge the abutting property owner one-half of the appraised value of the property vacated; if that property owner had not dedicated it originally. Mayor Harrison commented on an incident when it was in the City's interest to deed back some excess right-of-way but the people did not care to have it and did not want to pay for it. He felt in such a case it would seem appropriate to give it back. When asked if there could be an ordinance stating a general policy to charge one-half the appraised value of vacated property deeded to the abutting property owners, City Attorney Wayne Tanaka responded that such a decision already comes up each time a piece of property is vacated --that the Council has the option to charge the abutting property owner for the property deeded to him. Councilman Gould stated that there then should be a resolution passed so the citizens are aware of the policy. MOTION: COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION STATING THE INTENT NORMALLY WILL BE TO CHARGE THE ABUTTING PROPERTY OWNER ONE-HALF OF THE APPRAISED VALUE OF THE VACATED PROPERTY DEEDED TO HIM UNLESS SUCH PROPERTY PREVIOUSLY HAD BEEN DEDICATED TO THE CITY BY THE OWNER WITHOUT CHARGE. MOTION CARRIED, WITH COUNCILMAN KASPER ABSTAINING. Councilman Kasper at this time is involved in a petition to vacate a piece of property so he felt it would be inappropriate to vote on this issue. REPORT -FROM CITY ATTORNEY RE LEGALITY OF SALE OF PARAPHERNALIA ASSOCIATED WITH CONTROLLED SUBSTANCES The report from the City Attorneys Office stated two major problems with respect to legislation seeking to control drug -related paraphernalia. The first was that any ordinance imposing criminal penalties must be specific enough so that a person of ordinary intelligence could reasonably.- understand what is prohibited. It was felt this problem could be solved by careful and precise drafting. The more serious problem had to do with the question of intent. As i.n the Case of burglar tools, the legislation must require that the person possessing or selling the items have an intent to employ the items in an illegal manner or knowledge that they will be used in an illegal eg 1 manner. In summary, it was stated that while an ordinance could be drafted that is both specific enough to meet constitutional challenge and also incorporate the element of intent, the effectiveness of the ordinance against sellers of drug paraphernalia might be somewhat limited because for a person to be found guilty of the offense it must be shown that the seller sold the items knowing that they would be used for an illegal purpose, and proof beyond a reasonable doubt of this knowledge could be difficult to provide since if the seller is at all wary he will not make any statements or distribute any information regarding the purpose of the particular items. Councilman Carns said that while attending the recent National League of Cities conference he had obtained some information relative to this. The City of Lakewood, California, had passed an ordinance banning the sale of narcotics paraphernalia to anyone under the age of 18 and since its passage approximately 20 other California cities have passed similar ordinances. The ordinance was endorsed by the California League of Cities and by the National League of Cities. Councilman Carns reviewed 9 ev ewed some of the elements of that ordinance and said he would like to have a public hearing regarding adoption of a similar ordinance. He displayed a small pipe designed for the smoking of marijuana which he said had been sold to a 14-year old girl the day before at the Grey Matter Records store. He also displayed the sales slip and stated the clerk who had sold the item was then sitting in the audience. He urged the Council to work towards effective control of such activity. COUNCILMAN MOTION: CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO SCHEDULE A PUBLIC HEARING FOR JANUARY 15, 1980 ON THE SUBJECT OF MAKING IT ILLEGAL TO SELL CONTROLLED SUBSTANCE PARAPHERNALIA TO ANYONE UNDER THE AGE OF 18 YEARS. MOTION CARRIED. It was directed that this item be first on the agenda that evening. City Attorney Wayne Tanaka said he had sent for a copy of the Lakewood ordinance. Councilman Herb felt that the possession of drug.paraphernalia was totally different from possession of burglary tools because with police testimony -:he felt it could be established that • the only use for the paraphernalia is unlawful. DISCUSSION RE DECEMBER 8 COUNCIL FORMAT MEETING As Mayor Pro tem, Councilman Gould summarized the plans formulated by the Council at their December 8 meeting. Four Council cil committees will be formed: Public Safety, Public Works and Community Development, Finance, and Personnel. Duties will be proposed at their first meetings. The committees will meet Tuesday evenings from 7:00 - 8:00 p.m., in the Mayor's office, with the regular Council meetings being held at 8:00 p.m. There will be a Council President elected for a one-year term on a rotating basis,.which will allow for both new and old Council members to serve. Duties of the Council President will include: Serve as Mayor Pro tem; appoint committee members; schedule committee meetings; establish Council agendas; lead retreats; serve as a speaker representing the Council to local groups who request such speakers; serve on one committee; monitor committee reports and get them on the agenda. The Council President will be allowed expenses of $5 per diem, up to $100 per month. City Attorney John Wallace had presented a.proposal for the procedure and conduct of public hearings and the Council had agreed to that, with one modification, that words will be added to state that Council members will not state their opinions until the public hearings are concluded. The Council had agreed to take action on these items January 8. Councilman Carns added that it was agreed that the Council President would appoint Council members to the committees they requested, on a seniority basis. COUNCILWOMAN MOTION: ALLEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT ACTION ON THE COUNCIL FORMAT BE DELETED FROM - THE DECEMBER 18 AGENDA AND BE INCLUDED.ON THE JANUARY 8 AGENDA. MOTION CARRIED. Councilman Carns commented at this time that the National League of Cities convention had been extremely, worthwhile, and he suggested that the Community Development Director, the Public Works Director,.and.the Mayor's Administrative Assistant also attend next year's meeting. • [)7 December 11, 1979 - continued 1 1 A Council inspection of a section of SR 524 was scheduled for Saturday, -December 15, but inasmuch as the discussion had been moved to the January 15-agenda,�it was agreed that the Council inspection would be scheduled for January 12. Mayor Harrison introduced Bruce Agnew, a County Council candidate, who was in the audience. He was visiting all the Council meetings in.the area to learn something about local government. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 8:40 p.m. S:A., -,e -, 62�0,a� IRENE VARNEY MORAN, Ci Clerk December 18, 1979 HARVE.H. HARRISON, Mayor 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 ABSENT STAFF PRESENT • Harve Harrison, Mayor Ray Gould Charles Dibble, M.A.A. Mike Herb Larry Naughten Fred Herzberg, Public Works Director Bill Kasper John LaTourelle, Community Devel. Dir. Katherine Allen Irene Varney Moran, City Clerk John Nordquist Art Housler, Finance Director Tom Carns Marlo Foster, Police Chief Einer Johnson, Fire Dept..Training Off. Jim Adams, City Engineer John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk City Attorney. John Wallace administered the Oath of Office to Mayor Harve Harrison and to Council members Jo -Anne Childers, William Kasper, and John Nordquist,.for terms of office beginning January 1, 1980. CONSENT .AGENDA Items (C), (D), (G), (H), (K), and (L) were removed from the Consent Agenda.. COUNCILMAN CARNS MOTION: 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 December 11., 1979. (E) Adoption of Ordinance 2106, setting 1980 Council salaries. (F) Setting date of January 15, 1980 for hearing on 4-lot subdivision at the northeast corner of 76th Ave. W. and 176th St. S.W. (Pete Troka, P-8-79) (I) Authorization to grant Quit Claim Deed to Bill Blume. (J) Approval of final plat, Granada Estates #2 - Frank Leifer.(P-4-79) PROPOSED ORDINANCE ADOPTING 1980 BUDGET [Item (C) on Consent Agenda] Councilwoman Allen said she would go along with adopting the Budget but,she wanted to reiterate that she had asked for a full explanation of some items in the Budget and she would.expect that. With MOTION: that reservation, COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN-CARNS, TO -ADOPT ORDINANCE 2105, ADOPTING THE 1980 BUDGET. MOTION CARRIED. PROPOSED ORDINANCE FOR 1980 SALARY SCHEDULE [Item (D) on Consent Agenda] MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT APPROVAL OF THIS ITEM BE POSTPONED UNTIL JANUARY 8, 1980, PRIOR TO WHICH AN EXECUTIVE SESSION WILL BE HELD. MOTION CARRIED. PROPOSED ORDINANCE ESTABLISHING.A.CUMULATIVE RESERVE FUND FOR.GENERAL FUND EXPENDITURES 002 AND TRANSFERRING FUNDS FROM. CID GUARANTY FUND 613 LItem G on Consent Agenda Councilman Nordquist asked for clarification of this proposal.' Finance -Director Art Housler responded that the intent was to begin with $200,000 and'accumUlate interest until the fund reaches $250,000, after which additional interest would be transferred to the regular bank account of the City and. MOTION: made available for General Fund.purposes. .COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVED ITEM (G) ON THE CONSENT AGENDA, ADOPTING ORDINANCE 2107. MOTION CARRIED.. PROPOSED ORDINANCE TRANSFERRING FUNDS. FROM THE SIDEWALK/TRAIL IMPROVEMENT -FUND 322 TO THE CAPITAL IMPROVEMENT FUND 325 Item H on Consent Agenda