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19800205 City Council Minutes4 3 January 29, 1980 - continued Ilk 1 also was.interested in knowing how much longer they would be.functioning. He noted that the Board's attendance had improved and the meetings had been shorter... One of the.Board members had commented that the Board has been hearing numerous items involving PRDs'and had asked if they were pre-empting the Planning Commission. Bob Pantley, Chairman.of the Shorelines Advisory Committee, said that group. is. in favor of a master. board."but. they feel- there should be strong consideration given to having one member from each of the existing boards on it. DISCUSSION.OF. GOALS AND•OBJECTIVES OF COUNCIL COMMITTEES Council:President Nordquist announced that the Finance Committee would have its first meeting next Tuesday -at 7:00 p.m. The Council.Committees will meet in -the small room adjacent to the Council Chambers. Councilman Gould suggested that the listings of goals which came out of the Port Ludlow retreats should be made available to each of the Committees so the Committees can see whether or not they are working towards those goals. The Council members were asked to express goals for all of the committees, whether or not they are on each committee. There was no further business.to come before the Council. .Mayor.Harrison asked for an Executive Session to.d.iscuss a personnel matter, and the meeting adjourned .to Executive Session at 10:20 p.m. IRENE VARNEY MORAN, C' y Clerk February 5, 1980 HARVE H. HARRISON,.Mayor The regular meeting of the Edmonds City Council was called to order.at 8:00.p.m. by Mayor Pro tem John Nordquist in the Council Chambers of the Edmonds Civic Center.. All present joined in the flag salute, following which Mayor Harrison arrived and conducted the meeting. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Bill Kasper Charles Dibble, M.A.A. Jo -Anne Childers Fred Herzberg, Public Works Director Katherine Allen Irene Varney Moran, City Clerk John Nordquist Marlo Foster, Police Chief' Ray Gould Jack Weinz, Fire Chief Tom Carns Mary Lou Block, Act. Plan. Div. Mgr. Larry Naughten Jim Adams, City Engineer John Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Councilman Gould noted that the Staff had requested that Item .(E), "Approval of Amended Hourly Fee Schedule for General Agreement for Engineering Services with.Reid, Middleton & Associates, Inc.," be MOTION: removed from the Consent Agenda, to.be included 'at a future date. COUNCILMAN GOULD MOVED, SECONDED BY • COUNCILWOMAN ALLEN, TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM (E). MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of January 29, 1980. (C) Authorization for Mayor to sign Addendum Agreement to.the SNOCOM Interlocal Agreement, estab- lishing an Advanced Life Support Division. (D) Report on handling and storage of hazardous materials in downtown Edmonds. (F). Setting date of February 19, 1980 for hearing on liquor license transfer from Seventh Brigade Corporation to Eighth Brigade Corporation (Sebastian's restaurant). (G) Approval of Police, Fire, and .Public Works labor agreements and authorization for Mayor to execute same; and instruction to City Attorney to,draft amended Salary Ordinance. With regard to the approval of this item,.City Attorney John Wallace advised the Council that it would result in there being less in.the Council Contingency Fund'and that an ordinance would come forward to amend the Budget to appropriate the necessary funds to the salary expenditure. COUNCIL Councilman Nordquist said a letter.had.been received from Mayor Hrdlicka of the City of Lynnwood re- questing that the Council clarify their.positionn regarding Lynnwood.'s using the Edmonds sewage plant, in that the conditions are negotiable.upon.which.the conversion -would be acceptable. Councilman Gould felt action should be taken to allow the study.to be.completed;,i..e., agree that the specifics are a nego- tiable item and that the terms of each can.be discussed once the study has been completed. COUNCILMAN MOTION: GOULD MOVED., SECONDED BY COUNCILMAN CARNS, THAT THE MAYOR BE -AUTHORIZED TO SEND A LETTER TO THE MAYOR OF LYNN1400D TO CLARIFY THAT THE COUNCIL'S POSITION IS THAT MATTERS RELATING TO THE SEWER DIVERSION ARE 0 NEGOTIABLE PENDING THE STUDY. MOTION CARRIED: February 5, 1980 - continued • Councilman Carns advised that he would be resigning his Council position., effective February 11, 1980. He read a prepared letter of resignation and reflections of his tenure on the Council, . and he spoke of the competence of the;Ci,ty Staff. He said his resignation would be effective February 11 so that if the Esperance area should vote in the election held -this date to annex to the City of Edmonds, the vacant Council position would be filled .by someone in that area, in keeping with the recently passed Council resolution. Several Council members spoke in response MOTION: to his announcement, following which COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO PASS RESOLUTION 459, COMMENDING TOM CARNS FOR HIS SERVICE AS A MEMBER OF THE EDMONDS CITY COUNCIL. MOTION' CARRIED.. i-Mayor,:Harr.i.son ;presented:the;-:framed,.resolution to Councilman Carns. Councilwoman Allen reported that the Finance Committee had met for.the.first time this evening, and she stated the following functions that Committee would perform,.as determined at this first meeting: Coordinate with the Finance Director on the Budget draft; review monthly expenses as to expense accounts and purchases; consider bonding capacities for future capital improvements; review service contracts with other agencies as to increasing fees (work with the Public Works and Community Development Committee);.and monitor cash flow in relation to budget status., She asked the Council to indicate any other functions they think this Committee should perform. Councilman Nordquist reported that Councilwoman Allen and he had attended the recent meeting of the Association of Snohomish County Cities and Towns at which municipal courts had been discussed. Several cities are considering formation of such, and Councilwoman. Allen and Councilman Nordquist had shared with them Edmonds';experi'e,nces. Councilman Gould reported that he had sat in .on the Finance Committee's meeting this evening, and he suggested that when the Committee assignments are rotated a way should be found to maintain some. continuity. He felt it would be effective for one member of the Committee to continue on it so the new members could benefit from what had been accomplished by the previous • members. Councilman Carns responded that the intent was that Council members could choose which Committees they wanted to be on, based on seniority. Councilman Gould reminded the Council that the rules adopted say the Council Committees are appointed by the Council President. Councilman Naughten noted that there had been some correspondence and a petition regarding the closing of streets for sledding during periods .of snow. Public Works Director Fred Herzberg had recommended against doing so because of the liability of the City if streets were so desig- nated. If some were to be designated for sledding he felt they should be cul-de-sacs or that there be no intersecting streets on the hill; there should be a-200' reasonably level or uphill runout at the bottom; there should be no obstructions near the sledding area, such as fire hydrants, poles, trees, or rocks; and there should be concurrence by..the residents. Further, that the Police Chief, the Fire Chief, and he should be given the joint task of recommending such streets to the Council. The street which was the subject of the petition did not meet the criteria he recommended. Councilman Naughten felt there might be -some streets where.it would MOTION: be safe, and COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD,.THAT THE PUBLIC WORKS DIRECTOR PURSUE'THE SUBJECT OF _CLOSING SUITABLE STREETS FOR SLEDDING..AND'REPORT'TO THE COUNCIL ON HIS FINDINGS. Councilman Gould suggested that the decision not be made until summer so it is not pressured by the season, and he noted that Mr. Herzberg had recommended that the several Staff members function together in making the decision. THE MOTION CARRIED. Councilman Nordquist reported that Councilman Naughten, Public Works Director Fred Herzberg, City Engineer Jim Adams, and he had met last Friday regarding the SR 524 improvement, and they will be meeting with Jerry Zirkle at the Department of Transportation this Friday, February 8. HEARING ON LIQUOR LICENSE APPLICATION FOR SUNSET-AVE. FOOD STATION The -location of this business is 184 Sunset Ave. S., and the application was to add the sale of beer and wine by the package for off -premise consumption to the existing license for beer and • wine on -premise consumption. Police Chief Marlo Foster's.investigation.-revealed that there had been no reported violations of liquor control laws since the original license was issued. He felt the impact of this request would be minimal as the Safeway store and State Liquor Store are in the same complex. He recommended approval of the application.. The hearing was opened MOTION: to the public, no one wished to speak, and the hearing was closed. COUNCILMMAN CARNS MOVED, SECONDED BY,COUNCILWOMAN ALLEN, TO APPROVE THE LIQUOR LICENSE APPLICATION OF SUNSET AVE. FOOD STATION. MOTION CARRIED. HEARING ON LIQUOR LICENSE APPLICATION FORGO N JOY FOODS NO. 5 The location of -this business is proposed .to be at 8410 Main St., and the application was for the sale of beer and wine by the package for off -premise consumption.. The hearing was opened. Ted Engstrom, owner of Five Star Food Market at 8406 Bowdoin (a convenience store) spoke against the application. His business is located at the same intersection as that proposed for Go N Joy Foods and he.objected to the issuance of.the liquor license but he also objected to there being another convenience store in that area. He said -when he opened 6 1/2 years ago he stayed open until midnight but found that the only customers were juveniles who caused problems, so he changed his closing to 11:00 p.m. and then.to 10:00 p.m. He submitted a petition saying.there is no need for another convenience store.at Five Corners, signed by customers of his store, along with a letter he said was from the Chase Lake PTA and which was signed by 25 people who also objected to another convenience store at this location. He also submitted a letter from Gary T. Wheeler, owner of Five Corners Exxon, objecting to issuance of another liquor license at that location. Mr. Engstrom said his objection was to another -convenience store and to its having a liquor.license, and -he said there is -no point in having -the -store without a liquor license. Ayaz Ahmad of 1816 N. 180th,. Seattle, said he is the Operations -Manager with Go N Joy Foods and they have 18 locations in the greater Seattle area. He.said a liquor license is one of the requirements when they open a'store and it will not be for consumption of liquor on the 4 February 5, 1980 - continued 1 1 L� L MOTION: Failed MOTION: Amendment Failed 1 MOTION: MOTION: premises. He added that they will be open 24 hours and wi-ll..also sell gasoline 24 hours a day as long as they can.. They intended applying for an'addi'tional gasoline allocation and he felt their d business would be an improvement for the neighborhooand would benefit the entire City, especially as they would sell gas at all hoUrs'.. Police Chief Marlo Foster.recommended denial of"the liquor license at this location as it would drastically change the quietness and livability of the area. He said the.pr.esent businesses.at'_F.ive.Corners close prior.to 10:00 p.m. and after that the traffic is local in.nature. He felt that..,the..issuance of a liquor.license.to a convenience store that plans to remain open all night would.have.an...adverse impact on the neighborhood in that the sale of beer and wine after 10:00 p.m. would create.additional traffic,. traffi.c..noise, slamming of car doors, shouting, and.littering. The public hearing was closed. Councilwoman Allen stated that she would abstain from participating in this hearing because she is a.regular customer of the present Texaco station at this location. Councilman Gould said he has some difficulty when it comes to liquor licenses and:.he noted that the Council in the past had relied a.great deal'on the reputation of the business and the recommendation from the City Staff. He asked Chief Foster, in the interest of consistency,:.whether this type of liquor license had been issued to any of`the other convenience stores in Edmonds which are open.later than 10:00 p.m. Chief Foster responded that there had been two, and that a third was being planned at Highway 99 and.220th,.but this location was unique because after .10:00 p.m. it is a very quiet section of town. His experience with the 7-11 Stores had shown that they draw confusion, congestion, and.problems. Councilman Nordquist'said he lives near the Ballinger 7-11 Store and he has observed that the police spend a good deal of time there controlling it. He said the streets are littered there every morning, there have been robberies, and it is a mess, and he personally would like to see all those stores"c lose at 11:00 p.m. Councilman Carns said that as a purchaser of both beer and wine he had never shouted in the parking lot or slammed his.doors very loudly, and he did not think it should be a function of municipal government to restrict.lawful business. He added that competition is healthful and as long as the business does not vi.olate the law, does not.sell to minors, and follows the same rules and regulations as other businesses do, he did. not see -why .they should not be able to operate -in the.City. Councilman Naughten did not think it was a question of whether the business is legal, but that the Council had decided to review liquor license applications in order to get input from the community because neighborhoods are affected by such licenses. He recommended that the application be denied because there are three licenses in that area.at this time, because input from the community had been in opposition, and because the Police,Chief had recommended against it. Councilman Carns noted that the petition was against another convenience store but did not.speak to liquor. Councilman Gould agreed that the peitition was directed at the fact that the.people did not want a store there, but he said liquor was the issue, and.going.on the personal.statement of Mr. Engstrom who owns the nearby convenience store, plus the testimony of Councilman Nordquist who has such a store in his neighborhood, he was not inclined to grant this for the same reasons as Councilman Naughten. He asked the City Attorney about the statement required by the Liquor Control Board as to facts and reasons if the license is denied.. City. Attorney John Wallace responded that the Mayor has jurisdiction of this, but the Mayor stated that the Council had taken jurisdiction -by motion. Mr. Wallace said the Council's input is advisory -only, to the Chief Executive.. Councilwoman Childers said she was against the i s'suance .of-.the'.Tice4s because she thought the.,qual.i.ty_of.-A fe was: at, i'ss.ue;.. and, most of the people in that area did not want -it. Councilman Carns commented that the first motion he ever made on the Council failed for the lack of a second., and. -he would try what would probably be his last motion. COUNCILMAN CARNS MOVED THAT GO N JOY FOODS CORPORATION BE GRANTED A CLASS "E"'AND "F" LIQUOR LICENSE AT 8410 MAIN ST. MOTION FAILED FOR LACK..OF A SECOND. COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN., THAT THE COUNCIL GOON RECORD AS BEING OPPOSED TO THE GRANTING OF THIS APPLICATION FOR THE FOLLOWING REASONS: THE CHIEF OF POLICE RECOMMENDS DENIAL; IT IS A NEW AN UNKNOWN CORPORATION,• UNTESTED IN OUR AREA OR A NEARBY VICINITY; THERE IS TESTIMONY FROM AT LEAST ONE NEIGHBORING STORE AGAINST IT, STATING SUCH A LICENSE WOULD BE UNSUITABLE; THERE IS INPUT FROM COUNCILMAN NORDQUIST.ABOUT HIS NEIGHBORHOOD.AND RESULTING PROBLEMS FROM THE.GRANTING OF SUCH A LICENSE; AND IT_ WILL ADVERSELY AFFECT THE QUALITY OF. LIFE OF THE NEIGHBORHOOD IN WHICH IT IS PROPOSED. COUNCILMAN CARNS MOVED TO .AMEND THE MOTION THAT..A.RECOMMENDATION ALSO BE SENT TO REVOKE THE LICENSES OF THE FIVE STAR FOOD MARKET AND THE TRADEWELL..STORE IN THAT AREA SO EVERYONE IN THAT AREA HAS THE SAME QUALITY OF LIFE. MOTION TO AMEND FAILED FOR.LACK OF A SECOND. THE MOTION THEN CARRIED, WITH COUNCILMAN CARNS.VOTING.NO AND WITH COUNCILWOMAN.ALLEN ABSTAINING. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT A DISCUSSION BE SCHEDULED FOR MARCH 11, 1980 ON THE POSSIBILITY OF AN ORDINANCE DELINEATING CLOSURE TIMES FOR ESTABLISHMENTS OF THE CONVENIENCE STORE TYPE, UNDER SOME FORM OF A CONDITIONAL USE PERMIT. MOTION CARRIED. City Attorney John Wallace advised.the Council that if they were..to come forward with.a concrete proposal it would first have to go to the Planning Commission. Information the Staff should provide for this discussion includes what shops are open and.their closing times if later than 11.:00 p.m. REVIEW OF ED-LYNN TOW TRUCK LICENSE Police Chief Marlo Foster summarized his.written report on this license. The Council had granted provisional. approval of the Ed -Lynn towing application on August 21, 1979, stating that the license would be.revoked if there were any moving violations in the.following six -months by any of the drivers. On December 4, 1979, while operating a tow truck within the City, one of the owners, Loren A. Kerr, received a moving citation.for traveling 54 mph in'a 30 mph zone. 'On January 21, 1980, a tow truck from Ed -Lynn responded to.a vehicle accident at.76th and 234th and was observed operating the tow truck:in a reckless manner. The police sergeant_at the scene confirmed that report, but no citation was issued because the.officers.had insuffi'cient.obser.vations for proof in court. A warning letter was sent.,to.the license..holder,. however.. In accordance with the Council's motion on August 21, 1979, Chief Foster.recommended.that.the provisional approval.for.the Ed -Lynn Towing Company license be withdrawn. .COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO CONCUR WITH THE POLICE CHIEF'S RECOMMENDATION THAT THE ED-LYNN TOW TRUCK LICENSE BE REVOKED. Councilman Gould commented that this is•not the kind of action -the Council takes lightly and that they had reviewed this very carefully. He said the provisional approval had been-granted.last August and the applicants knew the rules, but.the rules had been..violated.. THE MOTION CARRIED." 486 MOTION: February 5,_1980 - continued • REPORT FROM CITY ATTORNEY REGARDING ORDINANCES FROM OTHER CITIES ON.THE SALE OF PARAPHERNALIA ASSOCIATED WITH CONTROLLED SUBSTANCES City Attorney John Wallace said the gist of his memorandum was that in all likelihood this was an area the City could regulate. He suggested they wait until .it is.seen what the State has done, and that'should be known within the next 30 days, after which.the Council could go forward with an ordinance regulating what they wanted to regulate. Councilman Carns commented that ' there is a."bandwagon" effect occurring in the State of Washington on this subject and he would expect such an ordinance -could be passed and held to be constitutional, but he suggested it be continued until some date after.the State legislature has considered .it. Mrs. Leila E. Black of 5403 144th P1.. S.W., Edmonds, said she was very concerned about this, issue. She said in her neighborhood there are teenagers who are subjected to subtle.pressure on the use of drugs. She realized that paraphernalia was a minor issue.in the use of drugs and illegal substances but she said when"the sale of such paraphernalia is permitted it appears.that the use of drugs is condoned. She felt that.almost any child of school age would be able to identify this para- phernalia for what it is. She commented.that the people.who spoke at the last hearing on this were the man who sells the items and someone who is not a resident of Edmonds, and she said she had heard that they sell these things because'they have a low cash flow and this makes up for what they do not sell in records. Although she had a feeling for.the small businessman in Edmonds, she felt he could choose a better.item to sell to make up those differences rather than sell the paraphernalia items, feeling -that the sale of the paraphernalia presents another subtle pressure to give into drugs. She.also felt some support should be shown for those young people who are trying to stand up to such pressures, and.that the legislature should be supported in their efforts regarding this issue. Mrs. Black said she is not.a public speaker and that it was difficult for her to do so, but her.earnestness was compelling and Mayor Harrison commended her on some well chosen remarks, and several.Counci.l members also..responded. Councilwoman Childers stated that most of the Council..agreed.that this is an .important area for consideration and-:they::all.,:were,concerned, but they just wanted to get enough information to get a workable, viable ordinance --something that would work for the citizens of Edmonds. Maryanne Carnes.of Langley, Washington, said she is a lobbyist for the State PTSA, and she was present to find out what Edmonds was going to do regarding this issue. She felt the bill in the legislature was a good one, if not necessarily perfect. She requested a copy of the City Attorney's report, feeling it could be helpful to her effort. A copy was given to.her. Councilman Carns expressed the hope that the City of Edmonds would pass an ordinace'that would severely restrict the sale of drug paraphernalia. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE CITY ATTORNEY PROVIDE ON MARCH 18, 1980 A PROPOSED ORDINANCE RESTRICTING THE SALE OF PARAPHERNALIA ASSOCIATED WITH THE SALE OF CONTROLLED SUBSTANCES. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned at 9:35 p.m. IRENE VARNEY MORAN, ty Clerk February 11, 1980 - Special Meeting .-HARVE,H.�HARRISON, Mayor A special 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 Harve Harrison, Mayor Jo -Anne Childers Bill Kasper Katherine Allen John Nordquist Ray Gould Larry Naughten CONSENT AGENDA STAFF PRESENT Charles Dibble, M.A.A. Fred Herzberg, Public Works Director Jim Adams, City Engineer John LaTourelle; Planning Consultant Mary Lou Block, Acting Planning'Div. Mgr. Irene Varney Moran, City Clerk Jack Weinz, Fire Chief Felix deMello, Buildings & Grounds Supt. Jim Murphy, City Attorney Jackie Parrett, Deputy City Clerk MOTION: Items (C) and--(F) were removed from the Consent Agenda. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN 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 February 5, 1980. (D) Passage of Resolution 460,setting date of March 4, 1980 for hearing on vacation of a portion of 98th Ave. W., north of SR'104, adjacent to Robin Hood Lanes Bowling Alley. (E) Adoption of Ordinance 2117, amending 1980 Salary Ordinance. 1 1 11 1 1 1