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19800122 City Council Minutes47S January 15, 1980 - continued • MOTION: MOTION: done: A ROLL CALL VOTE WAS TAKEN ON THE MOTION', WITH COUNCIL MEMBERS.CARNS AND NAUGHTEN-.VOTING YES, AND WITH COUNCIL MEMBERS CHILDERS, KASPER, ALLEN, AND NORDQUIST VOTING NO. MOTION FAILED. Councilman Carns:then.said_he woul-d'-like:to'change his vote from "YES" to "NO," voting on the prevailing side, so he can bring the subject up again in.the future. CONSIDERATION OF LYNNWOOD SEWAGE DIVERSION This matter -was continued from the January 8 meeting. Public Works Director'Fred Herzberg reported that he.had met with Lynnwood personnel and it had been agreed that Edmonds is using less than 85% of its purchased capacity of the Lynnwood Treatment Plant. He said that is still being discussed and the final figure probably will be close to 70%. It'appears likely that Lynnwood can get a grant in the next year.or two to increase the capacity of their primary treatment plant. Based on this information, Mr. Herzberg recommended that Edmonds offer to assist Lynnwood, but that the final contract for the diversion include milestones so that flow could be increased if those milestones in progress were met, or flow terminated if they were not met. This would be in addition to the other recommendations.he made at'last week's meeting. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT -THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR BE ACCEPTED AND THAT EDMONDS OFFER TO ASSIST LYNNWOOD IN THE MATTER OF SEWAGE'DIVERSION. MOTION CARRIED. COUN.C'TL. ORGANIZATION = Councilman Nordquist adjusted some of the -committee assignments.as well .as the weeks they will meet. He suggested a di.nner meeting on the last Tuesday of the month, inviting some of the public such as the new Chamber of Commerce president: Regarding secretarial services for the Council; he said Mayor Harrison..had offered the services of Judie Gilbo, and she is.willing to rearrange her schedule to start work later on Tuesdays and stay to take minutes of the committee meetings, leaving at 8:00 p.m. There will be no committee meeting next Tuesday, but the.Council meeting will start at its new time, 8:00 p:m. • John LaTourelle reported that the the Boundary Review Board had declined to accept jurisdiction of the Union'Oil property, so that annexation will proceed on schedule. There was no further business to come before the Council, and the meeting adjourned at 11:20 p.m. IRENE VARNEY MORAN, ity Clerk HARVE H. HARRISON, Mayor b January 22; 1980 The regular meeting of the Edmonds City Council was called to order.at 8:05 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. Jo -Anne Childers Tom Carns Fred Herzberg, Public Works Director Bill Kasper John LaTourelle, Planning Consultant Katherine Allen Irene Varney Moran, City Clerk • John Nordquist Marlo Foster, Police Chief Larry Naughten Jack Weinz,-Fire Chief Art Housler, Finance Director Jim Jessel, Parks & Recreation Manager John Wallace, City Attorney Jackie Parrett, Deputy City Clerk Mayor Harrison presented a plaque to Shirley Betham in recognition.of her service on the Library Board. CONSENT AGENDA Items (B) and.(C) were removed from the Consent Agenda. The City Clerk's. Office had advised that there was a correction to the Minutes.of .last week's meeting [Item (B) on the Consent Agenda]. �On page 6, in the.fourth line of the SR 524 discussion, the reference should have been to "Proposal B" rather than to ' roposal A." Item (C) on the. Consent Agenda was a proposed ordinance, which the City Attorney's Office advised was not,ready, and it will be.on the January 29 Consent Agenda. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, TO APPROVE THE CONSENT AGENDA, WITH THE CORRECTION TO THE MINUTES OF JANUARY.15 AND WITH THE ELIMINATION OF ITEM (C), "PROPOSED ORDINANCE ADOPTING STATE STATUTE REGARDING DRUNK DRIVING." MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of January 15, 1980, as corrected. (D) Final approval of PRD-1-78, Wispy Willows, 21101 80th W. 479 • January 22, 1980 - continued (E) Authorization to execute easement with Port of Edmonds (181 W.-Dayton). (F) Authorization for Mayor to sign leases for Frances Anderson Center. (G) Authorization to purchase.equ.ipment (front end alignment machine) from Century Equipment in .the.amount of $8,650.28,...including sales tax. (H) Authorization for Mayor to execute contract with Roger -Lowe Associates, Inc.., for,Meadowdale area monitoring system. (I) Change of date for hear.ing.on Union Oil Annexation -from February 5, 1980 to February 19, .1980. MAYOR Mayor Harrison had received a liquor license application from the Sunset Avenue Food Station, a restaurant which currently has a license to sell beer and wine for consumption on premises, and which wanted to add the sale of beer and wine by.the bottle for off -premise use. The Police Chief had recommended.approval. In keeping.with,current Council policy,.000NCILMAN NAUGHTEN MOVED, SECONDED MOTION: BY COUNCILMAN-NORDQUIST, TO SET FOR HEARING ON FEBRUARY 5.,.1980.THE LIQUOR LICENSEiAPPLICATI.ON OF SUNSET AVENUE FOOD STATION. Councilwoman Allen questioned .the.necessity of having hearings on all liquor license requests, noting thatthe one on this evening's agenda is a place which already sells liquor, and feeling that the Staff may be put to a great deal of time and effort for a relatively unimportant..i.tem. She also noted.that.the City does not grant or deny,the license, but only makes a recommendation. She suggested that.under new circumstances or a new establishment a hearing would be appropriate. Councilman Nordquist, however, felt the citizens should be given the courtesy of a hearing.. Mayor. Harrison noted that if the response to the Liquor -Board is not received by them in • 20., days they assume there is no objection, so in each case a.letter will be sent to the Liquor Board to.advise of the hearing and then another to advise of..the.outcome.of the hearing. THE MOTION THEN CARRIED., WITH COUNCILWOMAN ALLEN .VOTING NO. COUNCIL Councilman Naughten asked for an Executive Session following this evening's meeting to discuss a personneland a real estate matter. Councilman..Nordquist advised that Dr. Hyatt will contact the City when the Health Department is close to .the completion of its report,on the Meadowdale area.,so.it may be rescheduled on an agenda. Councilman Nordquist stated he had.contacted.Mr. Zirkle regarding.the SR 524 improvement and had asked for.addi..tional time to consider it. He said Mr. Zirkle had been very accommodating. Councilman Naughten.suggested that the Staff -outline the various alternatives to be considered, in light of what has been discussed in -the -,past. Councilman Kasper felt there should be another public hearing. He felt there.appeared to be confusion.as to what had been agreed regarding 3rd and Puget, and with regard..to the area from.9th,to.11th.Pl... he felt that should.be.completely reviewed. COUNCILMAN MOTION: KASPER THEN_MO.VED THAT A.HEARING .BE SCHEDULED FOR FEBRUARY 1.1.,.1980•.REGARDING THE IMPROVEMENT TO SR 524.. COUNCILMAN NORDQUIST SECONDED THE MOTION FOR DISCUSS -ION. Councilman Kasper noted that this has been under consideration for over two years and all of the actions during that period should be reviewed. It was suggested that Mr. Zirkle be contacted and the trouble areas discussed with him,' and that.he.be..invited to the hearing. Councilman Nordquist said he found Mr. Zirkle most receptive during his telephone conversation with him, and he said he will make an appointment to go to visit him. Councilmen..Naughten and Kasper,will accompany Councilman Nordquist. THE MOTION CARRIED. Councilwoman Childers commented that.various City employees had expressed the opinion that the Council.does.not care about their.ideas.and does not get down.to talk with them on the job. She suggested.that since they can give valuable input that they be invited to attend work meetings to talk • to the Council,.perhaps one department at a time. Councilman.Naughten agreed that this was a good MOTION: idea. COUNCILWOMAN CHILDERS MOVED, SECONDED B`-COUNCILMAN KASPER, THAT THE COUNCIL INVITE THE MEMBERS OF.THE•DIFFERENT DEPARTMENTS.IN THE CITY TO COME TO..000NCIL.WORK MEETINGS TO DISCUSS THEIR IDEAS AND.SUGGESTIONS WITH THE COUNCIL... MOTION CARRIED. Counci.lman Nordquist said he would .like to.get the,Council.committees settled next Tuesday.and he asked tha.t.the Council submit goals,for the committees, whether on a specific committee or not. Councilwoman. Allen commented that.it had been announced to the .Council at last week's Executive MOTION: Session that there has been received $100,000,of unanticipated funds. COUNCILWOMAN ALLEN MOVED THAT THE.CITY ATTORNEY BE INSTRUCTED TO.DRAFT AN ORDINANCE TO AMEND THE BUDGET TO APPROPRIATE INTO THE COUNCIL.•CONTINGENCY FUND THE $100,000 OF..UNANTICIPATED FUNDS. -.COUNCILMAN KASPER SECONDED THE MOTION FOR DISCUSSION... Councilwoman Allen felt that the funds should be placed in the Council Contingency fund so..the Council could have some say as to how.they are.spent.:.City Attorney,John Wallace advised that the..monies are-nonappropriated so they cannot be expended without the Council's approval. THE MOTION.CARRIED. HEARING.ON..P.C. RESOLUTION 639, AMENDMENT.TO OFFICIAL STREET-MAP•TO.REMOVE A 401' TURNAROUND ON780TH AVE: W., SOUTH.OF 20OTH�ST S.W.( File ST-l! Planning Consultant John LaTourelle stated that when the Official Street Map was drawn it included an 80' wide turnaround at this location, but the street now extends_50' beyond the planned turnaround, and the volume of traffic and.future development do not warrant.it. If it were kept on the Official Street M&p.the setbacks of any houses bui..lt would have to.be measured from that additional 40'. This would..create a. hardship on the lot adjacent to this 4.0'..-because of.the topography of -the lot. Only two lots would be served by.the_tur.naround. There had... been.a..finding of no significant adverse environmental.impact from the pronosed•amendment, and Mr. LaTourel..le recommended annroval. The public portion of the -hearing was opened, no one wished to speak, and the public portion of the il 4W January 22, 1980 - continued • MOTION: hearing was closed. COUNCILMAN KASPER MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO ADOPT ORDINANCE 2114, PURSUANT TO P.C. RESOLUTION 639. MOTION CARRIED. HEARING ON LIQUOR -LICENSE APPLICATION FOR DEPOT SPRINGS' The hearing was.opened to the public. Tom Ostheller of 8211 Sierra Dr., one of-the,principals, had signed the sign-up sheet to speak but he.said he had nothing to say and only signed on advisement in. case he would want -to speak., No one else wished to speak, and the public hearing was closed. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE MAYOR BE AUTHORIZED TO SEND A LETTER TO THE LIQUOR CONTROL BOARD STATING THE CITY OF EDMONDS HAS .NO OBJECTION TO THE GRANTING OF A CLASS "H" LIQUOR.LICENSE IN LIEU OF "BCEF" TO DEPOT SPRINGS. -MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 8:40 p.m. IRENE VARNEY MORAN, Ci y- Jerk HARVE H. HA RISON, Mayor January 29, 1980.- Work Meeting The regular meeting of the Edmonds City Council was called to order at 8:05 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. Jo -Anne Childers Fred Herzberg, Public Works Director Bill Kasper John LaTourelle, Planning Consultant Katherine Allen Mary Lou Block, Acting Planning Division Manager John Nordquist Irene Varney Moran, City Clerk Ray Gould Jack Weinz, Fire Chief Tom Carns Jim Jessel, Parks & Recreation Division Manager Larry Naughten John Wallace, City Attorney Jackie Parrett, Deputy City Clerk City Attorney John Wallace administered the oath of office to Councilman Ray Gould who was reelected to office in the November 6, 1979 election but had been out of town since the new term commenced in early January. CONSENT AGENDA 0 MOTION: Items (E) and (F) were removed from'the Consent Agenda.. COUNCILMAN.CARNS'MOVED, SECONDED BY COUNCILWOMAN ALLEN, 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 January 22, 1980. (C) Setting date of February 5, 1980 for hearing on liquor license application of Go N Joy Foods No. 5. .­ 1. (D) Report,on bids opened January 23, 1980 for 1980 displacement type.cold water meters, and award to low'bidde,r,'Pacific Water Works Supply'Co., in the amount of $25,922.29, including sales tax. -(G) :Approval.of Street Use Permit for Bayside Refinishing, 410 Walnut St:' PROPOSED ORDINANCE ADOPTING STATE STATUTE REGARDING DRUNK DRIVING [Item (E) on Consent Agenda] Councilman Gould had not been present when this proposed ordinance was discussed by the Council. He felt the State law should be adopted as it was drafted and should not be modified in any way. He felt it.had been drafted so as to be uniform throughout the state in its application and as to penalty. Other Council members explained to him that they, also, had felt as he -did until Municipal Court Judge Richard Thorpe had explained the rationale for giving the Court discretion to waive the mandatory one -day jail sentence -under extraordinary circumstances.' Councilman Gould noted that discretion is permitted if the penalty will cause physical or mental distress to.the offender, but he did not find the terminology "extraordinary -circumstances" definitive enough to warrant dis- cretion, and he did not feel the law should be diluted. He commented that in other countries where the mandatory penalty is required the law has proven to be a deterrent to drunk driving,.and he felt the people should know that they will serve the penalty if they take enough alcohol to lose control. Councilwoman Allen felt that the proposed ordinance provided for a mandatory jail sentence, and she asked -that the Council receive copies of any of the written judgments.that defer the sentence.. She felt that -if the'Council- then disagreed -with the Judge's decisions or.felt he was too lenient, then 1