19791211 City Council Minutes464
December 3, 1979 - continued
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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
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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
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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