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19800108 City Council Minutes• 47 1_ January 8,.1980 - (Work Meeting) 1 1 The regular meeting of the Edmonds, City Council came.to order at 7:30 p.m. in the Council Chambers of the Edmonds Civic Center. All present.joined in the flag salute. COUNCILMAN CARNS.MOVED., SECONDED BY MOTION: COUNCILWOMAN ALLEN,.TO NOMINATE COUNCILMAN.NORDQUIST TO.THE.NEW.OFFICE OF COUNCIL PRESIDENT. MOTION CARRIED. Council President Nordquist..conducted.the meeting,until the arrival of'the..Mayor shortly after the commencement of the meeting. PRESENT Harve.Harrison., Mayor Jo -Anne Childers Bill Kasper Katherine Allen John Nordquist Tom Carns Larry Naughten CONSENT AGENDA ABSENT STAFF PRESENT Ray Gould Fred Herzberg,.Public Works Director Irene.Varney.Moran, City Clerk Marlo Foster, Pol-ice Chief Jack Weinz;.Fire Chief Mary Lou.Block, Act. Plan Div. Mgr. Harry Whitcutt,.Building Official Jim Murphy, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk Items..(C), (D), (E), (G), (H), (I), and.(L) were.removed from the.Consent Agenda. COUNCILMAN CARNS MOTION: MOVED, SECONDED.BY.000NCILMAN NAUGHTEN, 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.18, 1979. (F) Passage of Resolution"455.regarding Esperance/Olympic View area. (J) Update report on handling and storage of hazardous.materials in.downtown Edmonds. (K) Acknowledgment of receipt of.Claims.for Damages from Leigh Ann Lindelof in the amount of $132 and from Arnold Larson in .the amount of $12,440. (M) Authorization to grant Quit Claim Deed - Bill Blume, Inc. (N). Acceptance of repainting of 1.5 million gallon water tank. SETTING.DATE OF JANUARY 15, 1980 FOR.HEARINGS ON P.C. RESOLUTIONS 640, 641, AND 642 [Items (C), (D), and E., respectively, Consent Agenda on Councilman Naughten was concerned that the agenda for January 15 was being overloaded with hearings and he asked if these should be set for another date. Discussion revealed that the matters sheduled generally were not controversial_ and were not expected to .be lengthy. Public Works Director Fred Herzberg advised that the report from the Health District regarding.the Meadowdale area would not be ready for.that meeting as it was scheduled, so that item woul.d..be removed from the.agenda. COUNCIL - MOTION: MAN NAUGHTEN THEN MOVED,.SECONDED BY COUNCILMAN CARNS, TO APPROVE, ITEMS (C), (D), AND (E) ON THE CONSENT,AGENDA,SETTING DATE OF JANUARY 15,..1980 FOR HEARINGS AS FOLLOWS: (C), HEARING ON P.C. RESOLUTION 640,:AMENDING OFFICIAL ZONING MAP TO DESIGNATE AS CG AREA SOUTH OF 210TH, NORTH OF 212TH, EAST OF 74TH,.AND WEST OF HIGHWAY 99 (FILE R-8-79); (D), HEARING ON P.C.. RESOLUTION 641, AMENDING OFFICIAL ZONING MAP TO DESIGNATE AS RS-8 AREA KNOWN AS NORTHWEST TRACTION COMPANY RIGHT-OF-WAY (FILE R-10-79); AND (E), HEARING ON P.C. RESOLUTION 642, AMENDING OFFICIAL ZONING MAP TO DESIGNATE AS RS- • 12 AREA.BOUNDED ON EAST BY LAKE BALLINGER, WEST BY 74TH AVE. W.,, AND NORTH BY BALLINGER PARK GOLF COURSE, AND.ACROSS FROM 23510 74TH AVE..W. .(FILE R-9-79) . .MOTION CARRIED. . PROPOSED..RESOLUTION COMMENDING ROBERT.PANTLEY [Item (G) on Consent Agenda] Councilman.Nordquist noted that there had been some concern.about the completion of the transfer of property paperwork in time to meet Mr. Pantley's needs and.he asked if this had been accomplished. MOTION: He was told..that it had. COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVED ITEM (G) ON THE CONSENT AGENDA, PASSING RESOLUTION 456, COMMENDING ROBERT PANTLEY FOR HIS GIFT TO THE CITY OF -PROPERTY. MOTION CARRIED. PROPOSED.RESOLUT.ION REGARDING POLICY.FOR-VACATION OF PROPERTY [Item (H) on Consent Agenda] Councilman Kasper asked if there are any problems when streets are vacated and moved over, as to its being equitable. City Attorney Wayne Tanaka responded that the property would have to be appraised and abutting owners on each side would have to pay up to one-half of the appraised value. This was MOTION: discussed -briefly, following which COUNCILMAN KASPER MOVED,.SECONDED.BY. COUNCILMAN NAUGHTEN, TO APPROVE::ITEM (H) ON THE CONSENT AGENDA. MOTION CARRIED. Councilman Kasper abstained from voting on the motion, as he previously had abstained on voting regarding vacation of property policy, inasmuch.as-he is involved in a property vacation matter. * PROPOSED ORDINANCE ADOPTING STATE.STATUTE RE DRUNK DRIVING .[Item (L) on Consent Agenda] This proposed ordinance was to adopt the -State statute, but eliminated the provisions .of the new law requiring mandatory jail time upon conviction. It would .impose the existing penalty section of the City.Code.which al.lows jail time of.up to 90_days to be imposed.at the discretion of the Court. Councilman Naughten asked what was -the rationale of this proposal.. Police Chief Marlo Foster responded that jail snace.is limited and he.i�iould rather let the Judge...use:his discretionary powers to determine who should be sent to jail. Further, that the Judge feels there are some cases in which it would do no good to put the person in jail, and Chief Foster supported that position. Councilman Carns said • *See 1-15-80 Minutes for correction to include Item (I) which was omitted. 472 January 8, 1980 - continued MOTION: he felt the State had worked a long time to get to this and he did not think Edmonds should be easier on drunk drivers than any other.municipality in this State. Councilwoman Allen added that she felt that when discretionary powers are used the offender usually gets off with a lighter penalty than otherwise. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE CITY OF EDMONDS STAY IN CONCERT WITH THE STATE LAW REGARDING DRUNK DRIVING AND THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE CONTAINING THE MANDATORY JAIL PROVISIONS OF THE STATE LAW. MOTION CARRIED. MAYOR MOTION: Mayor Harrison asked for confirmation of board appointments. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN KASPER, TO CONFIRM THE MAYOR'S REAPPOINTMENT OF SAM EWING TO POSITION 7 ON THE BOARD OF APPEALS, TERM TO EXPIRE DECEMBER 31, 1983. MOTION CARRIED. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO CONFIRM THE MAYOR'S APPOINTMENT OF PAUL NOLAND TO POSITION 6 ON THE BOARD OF APPEALS, TERM TO EXPIRE DECEMBER 31, 1983. MOTION CARRIED. Other appointees will be interviewed by the Council prior to.confirmation.. Mayor Harrison advised that Councilman Gould will be in Sweden on..business for the next three weeks. Mayor Harrison briefly reviewed the.General Rules of Procedure,for..the conduct of meetings which had been proposed for adoption. He questioned the advisabilityof the one which states that each member will state his reason for voting for or against,.the motion. Councilwoman Allen commented that if a hearing should go to court the Council would be on record as to why each member had voted as he did. City Attorney Wayne Tanaka added that a member could concur with a reason stated by another member, so as not to add to the length of -the hearing by repetition. It was suggested that the provision state the Chairman may call on each member to state his reasons. Councilman Carns did not like the requirement of a sign-up sheet for people in the audience wishing to speak, nor for a time limit. He felt something in the course of a hearing may trigger a person's desire to speak when he had not intended to do so when he first came in, and -also some people may not be present at the beginning of a meeting. He felt there should be no time limit on a person's speaking either. Others felt there should be more control and noted that .the signing up would not have to be shut off just because the meeting had begun. Councilman Carns-said he would go along with the sign-up sheet if the Chairman asked at the end of the audience participation in a hearing if there was anyone who had not spoken who wished to do so. It was noted that the Chairman could ask if everyone interested in speaking had signed MOTION: the sheet. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN KASPER, TO ADOPT THE GENERAL RULES OF PROCEDURE WITH THE CHANGE DISCUSSED THAT THE CHAIRMAN "MAY" CALL ON EACH MEMBER TO STATE HIS REASONS FOR VOTING FOR OR AGAINST A MOTION. MOTION CARRIED. COUNCIL Councilwoman Allen said she would-be interested in attending the National League of Cities 1980 Congressional -City Conference to be held in Washington, D.C., March 16-18, 1980. Other Council :members had not received the brochure and copies will be made available to them. There was no objection to her attending. Councilman Carns brought up for discussion the fact that following a recent Executive Session Mrs. Gilbo in the Mayor's office had called him to ask how he had voted. He stated that it is illegal to discuss what happens in Executive Session. Mayor Harrison responded that he was right, but the Mayor wondered whether there should be some record within the Council of what happens in these sessions. It was agreed that at times a record is needed, and it was suggested that the Council President could take notes and have them typed. It was also noted that they could reconvene in public session and announce the result. Councilman Carns stated he recently had seen a number of mobile signs with flashing lights in the City and he.asked.how such infractions are handled. Mayor Harri.son.responded that those people are advised immediately by the Planning Division that such signs are prohibited and they .are removed immediately. Councilman Carns suggested that the rental agencies who rent them should be advised that they are illegal in this City. Mayor Harrison stated that the regulations against those flashing signs will be enforced rigidly. REPORT FROM PRESIDENT TOM NIELSEN OF EDMONDS COMMUNITY COLLEGE RE,PERFORMING ARTS CENTER Mr. Nielsen was unable to be present at this evening's meeting and he was rescheduled for the January 29, 1980 meeting. DISCUSSION OF RECORDER/PHONE VERSUS PUBLICATION OF CITY COUNCIL'AGENDAS I 1 E 1 40 City Clerk Irene Varney Moran had distributed a report giving the costs of a recorder/ phone as well as publication costs in the Western Sun. She expressed the opinion, based on her research, that a recorder/phone would not reach as many citizens as newspaper publication, although it would be less costly, and it would not offer the citizens the convenience of a printed agenda. MOTION: COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO CONCUR WITH THE REPORT OF THE CITY CLERK. Councilman Carns still felt the public was not being informed to a large extent , with the present provisions. THE MOTION CARRIED. DISCUSSION OF....OPEN-SPACE ZONING Acting Planning Division Manager Mary Lou Block advised that John LaTourelle could not be present this.evening and inasmuch as this was on the agenda at the request of Councilman Gould, who also could.not.be present tonight, she suggested it be put on a future agenda. COUNCILMAN MOTION: CARNS MOVED,. -SECONDED BY COUNCILWOMAN ALLEN, TO PLACE ON THE JANUARY 29, 1980 AGENDA THE DISCUSSION OF OPEN -SPACE ZONING. MOTION CARRIED. 47A • January 8, 1980 - continued ACTION.ON.000NC.IL..ORGANIZATION Council,Pres.ident,,John Nordquist said he -would -.like to'start.the new schedule, with Council meetings starting at 8:00 p.m., in February. Councilman Carns suggested.that each Council member be on two Council -committees.- Council President Nordquist asked.that.:each-member submit to him by Friday, January 1.1, hts/her desires as to committee membership. .Councilwoman Allen said she would like to put aa;-.ti,me l imi.t .on Council meetings, . i n : that they adjourn .at 11.:00 p.m. Council President Nordquist said.that policy had been.establ.ished some time ago -by a previous Council. Councilwoman Allen referred to.Councilman Gould's Summary of Council Meeting., dated December 8, 1979, paragraph 8, in which it..states the Council shall adopt the rules of procedure for the conduct of public hearings as provided by John Wallace--(and-adopted earlier this evening by the Council), and noted that -paragraph suggests the amendment that the Council. members are not.to express any MOTION: opinions until the end of the hearing. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT.THE:PROCEDURES AS STATED IN.COUNCILMAN GOULD'S SUMMARY.BE.ADOPTED WITH THE CHANGE THAT THERE BE,THREE COUNCIL -MEMBERS -ON EACH COMMITTEE. City Attor.ney.Wayne Tanak said the ordinance will be amended to start the Council meetings at 8:00 p.m.,,beginning January 22, 1980. MOTION CARRIED. CONSIDERATION OF LYNNWOOD SEWAGE..DI.VERSION Public .Works Director Fred Herzberg referred.to a request from Lynnwood for a policy decision on diverting some of the Lynnwood flow..to the Edmonds Treatment Plant,and he recommended a response indicating a favorable disposition toward this request with certain conditions -which he enumerated. He noted that some of these.conditions-were touched on in Lynnwood's request but he felt more specificity was required. He noted that the plant in December experienced record flows but most came from the bowl area. He suggested that Lynnwood fund all costs to reduce inflow and infiltra- tion in the Edmonds collection system, reducing peak flows, and thus providing capacity in the treatment plant for Lynnwood sewage. He approximated the cost to be $200,000. Councilman Kasper • said he was in -favor og giving Lynnwood treatment on a temporary basis, but there should be dead- lines, allowing them so much more on a yearly basis as long as they are making progress on their problem.. This was discussed at length and it was noted that there would be a meeting later this week with.Lynnwood on this matter. Councilman Nordquist said he would like to hear the outcome of MOTION: the meeting. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO CONTINUE THE LYNNWOOD SEWAGE DIVERSION CONSIDERATION TO JANUARY 15, 1980. MOTION CARRIED. PROPOSED ORDINANCE REORGANIZING COMMUNITY DEVELOPMENT DEPARTMENT Councilman Carns was not in favor of going back 'to the three departments, and he asked if there should not be qualifications stated for the people holding the jobs of the three department heads.' He felt the Council committee should establish the qualifications for the jobs, and he also asked how the positions would be filled if the Council approved.the.change. Mayor Harrison said -the positions are now being filled by managers and they would have to go through a confirmation, filling the positions on a temporary basis in the meantime. He added that if the Experance/Olympic View annexation takes place he felt a new look should be taken at this organization scheme, and he MOTION: suggested this be continued until after February 5. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST,.TO CONTINUE THE DISCUSSION OF THE REORGANIZATION OF THE COMMUNITY DEVELOPMENT DEPARTMENT UNTIL FEBRUARY 12, 1980. MOTION CARRIED. The Council then adjourned to Executive Session at 8:55 p.m. to discuss a personnel matter relating to the proposed Salary Ordinance. The Council reconvened at 9:45 p.m. Mayor Harrison stated it had been brought to his attention that February 12 is a legal holiday for MOTION: City employees. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO CHANGE THE SCHEDULED FEBRUARY 12 COUNCIL MEETING TO FEBRUARY 11. MOTION CARRIED. PROPOSED ORDINANCE ADOPTING 1980 SALARY SCHEDULE MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN TO ADOPT ORDINANCE 2109 ESTABLISHING THE 1980 SALARY SCHEDULE, AND THAT THE SALARIES FOR THE MAYOR, MUNICIPAL COURT JUDGE, AND DEPARTMENT HEADS BE AT A 7 1/2% INCREASE FOR 1980, TO BE REVIEWED BY THE PERSONNEL COMMITTEE AND THEN BY THE FULL COUNCIL FOR ANY INCREASES BEYOND 7 1/2%. MOTION CARRIED. Councilman Carns added that low salaries maybe readjusted retroactive to January 1, 1980, when the committee meets. Regarding snow.control related to the storm which commenced,on Monday, Public Works Director Fred Herzberg reported there had so far been 80 man hours of overtime, 200 tons of sand used,.88 tons of salt, and fuel and spare parts, for a'total of $3,500 for 1 1/2 days of snow removal. There was no further business to come before the Council, and the meeting was adjourned at 9:50 p.m. IRENE.VARNEY MORAN,. TY CLERK HARVE H.-HARRISON, MAYOR