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19800318 City Council MinutesMarch 11, 1980 - continued PROPOSED ORDINANCE EXTENDING THE PAYMENT PERIOD OF THE ANDERSON CULTURAL AND LEISURE CENTER INTEREST BEARING WARRANT - Finance Director Art Housler said the interest bearing warrant issued April 2, 1979 for acquiring, improving, maintaining, and operating the Anderson Center must be redeemed no later than March 20, 1980. The payment on the outstanding warrant totals $553,306, of which $522,500 is principal and $30,806 is interest. Interest rate is 6.1%. A current bid was received from Rainier Bank for a new warrant not•to exceed $600,000 @ 9.7% for six months, with a redemption date of November 1, 1980. Interest cost would be approximately $33,000. The proposed ordinance was prepared by the City's MOTION: bonding counsel. After a. brief discussion,.000NCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, TO ADOPT ORDINANCE 2125, PURSUANT TO THE INFORMATION PROVIDED BY THE FINANCE DIRECTOR AND THE CITY'S BONDING COUNSEL. MOTION CARRIED. A short recess-was�-announced during. which Mayor Harrison departed.. Mayor Pro tem Nordquist reconvened the meeting. APPOINTMENT.TO FILL COUNCIL VACANCY Mayor Pro tem Nordquist thanked the candidates who had sumitted resumes and gone through the interview process. Fourteen applications had been received. Candidates were: Kenneth R. Rose, Milton J. Hassel, Burton T. Ketcham, Jr., Jim Shields, Scott Whitcutt, Merle May Cantlon, Noel Dan Walther, Dean.Shepherd,'.Mary Goetz, Bob Pantley, Stuart Smith, Bert Stole, Ed Aliverti,'and Dave Larson. MOTION: Prior to the balloting, COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT IF NO NOMINEE WERE ELECTED ON THE FIRST OR SECOND BALLOT, THEN ONLY THOSE NOMINEES RECEIVING AT LEAST ONE VOTE ON THE THIRD BALLOT WOULD BE GIVEN FURTHER CONSIDERATION, AND THE BALANCE OF THE NOMINEES WOULD BE • CONSIDERED ELIMINATED. THE MOTION CARRIED. The balloting was as follows: 1st Ballot: Rose - 1; Goetz - 2; Aliverti - 1; Stole - 1; Hassel - 1. 2nd Ballot: Rose - 1; Goetz - 1; Ketcham - 1;-Stole - 1; Hassel - 1; Larson - 1. 3rd Ballot: Goetz - 2; Ketcham.- 1;. Hassel - 1; Larson - 2. 4th Ballot: Goetz - 2; Hassel - 1; Larson - 3. 5th ballot: Goetz - 2; Hassel - 1;.Larson - 3. 6th Ballot: Goetz - 3; Larson - 3. 7th Ballot: Goetz - 4; Larson - 2. Mayor Pro tem Nordquist welcomed Mary Goetz as the new City.Council member. DISCUSSION OF.RAISING COUNCIL:PRESIDENT PER DIEM TO $10, WITH .MAXIMUM OF $200 PER MONTH AND DISCUSSION OF ALLOWING COUNCIL MEMBERS $5 PER.DIEM.FOR EACH MEETING Councilwoman Allen stated that by law the Council could not raise their own salaries but she thought they should at least cover their expenses. She calculated that they were earning $8.75 per hour, .based on 16 hours per month and she noted that they put in many more than 16 hours per month. She said her expenses in January amounted to $33 and in February amounted to $41. She felt having a per diem paid would be simpler than having to list expenses each month. City Attorney Jim Murphy said there would be no problem with per diem for legitimate Council business other than regular Council meetings. He said when they. ran for Council they knew there would be weekly Council meetings. Councilman Go.u1d observed that it may be more fair to use the expense account as some activities may • cost more than others. Regarding -the Council President's per diem, Councilwoman Allen said the $5 was not covering his expenses. Council President Nordquist said he had not taken the job to make money, but i.t was very time consuming. Mr. Murphy said he had conferred with the auditor and he reluctantly would go along with the increase but he wanted some notation regarding each expense. MOTION: COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE AN ORDINANCE RAISING THE COUNCIL PRESIDENT'S-PER'DIEM TO $10, NOT TO EXCEED $200 PER MONTH. MOTION CARRIED,'WITH COUNCILMAN NORDQUIST,ABSTAINING FROM VOTING. The Council will continue to claim their expenses on the usual expense forms. There was no further business to come. before the Council, and the meeting adjourned at 11:00 p.m. J111C 077 mwvi IRENE VARNEY MORAN, City �erk HARVE,H. HARRISON, Mayor March 18, 1980 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. 11 March 18, 1980 - continued • PRESENT ABSENT STAFF PRESENT John Nordquist, Harve Harrison, Mayor Fred Herzberg, Public Works Dir. Mayor Pro tem Katherine Allen Jim Adams, -City Engineer Jo -Anne Childers-Jaech John LaTourelle, Planning Consultant Bill Kasper Irene Varney Moran, City Clerk Ray Gould Art Housler, Finance Director Larry Naughten Mary Lou Block, Act. Plan. Div. Mgr. Mary Goetz Richard Pearson, Asst. City Planner Marlo Foster, Police Chief Jack Weinz, Fire Chief ' Jack Mitchell, Water/Sewer Supt. George Kopan, Treatment Plant Supt. Jim Murphy, City Attorney Jackie Parrett, Deputy City Clerk. City Attorney Jim Murphy administered the oath of office to Councilwoman Mary Goetz. CONSENT AGENDA The Staff had requested that Item (D) be removed from the Consent Agenda, to be placed on a later agenda. Items (H) and (I) also were removed for discussion. COUNCILMAN GOULD MOVED, MOTION.: SECONDED BY COUNCILMAN KASPER, TO APPROVE THE BALANCE OF•THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda in the following: (A) Roll call. (B) Approval of Minutes of March 11, 1980. • (C) Acknowledgment of receipt of Notice of Intention to Commence Annexation Proceedings -- future Albertson's site, and setting date of March 25, 1980 to meet with petitioners. (E) Setting date of April 15, 1980 for hearing to rezone to RMH the area south of 208th S.W., north of 210th S.W., east of 76th Ave. W., and west.of 70th Ave. W. (File R-7-79) (F) Setting date of April 15, 1980 for hearing on proposal to amend the Official Street Map to extend the public right-of-way from Hillcrest P1. south and west to Shell Valley Rd. (File ST-10-79) (G) Setting date of March 25, 1980 for hearing on liquor license application for Go N Joy Foods Corporation at 7207 - 212th S.W. AUTHORIZATION TO EXECUTE FERRY WALK-ON PARKING LOT AGREEMENT [Item (H) on Consent Agenda] Councilman Naughten asked what follows after execution of this agreement. Public Works Director Fred Herzberg responded that the intent was that Diamond Parking will operate the lot. COUNCILMAN MOTION: NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (H) ON THE CONSENT AGENDA. MOTION CARRIED. PROPOSED ORDINANCE RAISING COUNCIL PRESIDENT TO $10 PER DIEM, NOT TO EXCEED $200 PER MONTH [Item (I) on Consent Agenda] MOTION: Mayor Pro tem Nordquist removed this from.the Consent Agenda because he, wished to -abstain from voting on it but wished to vote on the other items. COUNCILMAN'NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO APPROVE ITEM (I) ON THE CONSENT AGENDA, ADOPTING ORDINANCE 21.26. MOTION CARRIED, WITH • MAYOR PRO TEM NORDQUIST ABSTAINING.• MAYOR MOTION: Two candidates had been interviewed by the Council this evening for appointment to the Library Board. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN GOETZ,.TO CONFIRM THE MAYOR'S APPOINTMENT OF VIRGINIA ZIELS TO POSITION 1 ON THE LIBRARY BOARD, TERM TO EXPIRE DECEMBER 31, 1984. MOTION CARRIED. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD, TO CONFIRM THE MAYOR'S APPOINTMENT OF MARTIN HOWARD TO POSITION 5 ON THE LIBRARY BOARD, TERM TO EXPIRE DECEMBER 31, 1983. MOTION CARRIED. Mayor Pro tem Nordquist advised that Richard Starr will arrive on Friday of this week and the Mayor and other interested persons will meet.his flight at SeaTac at 7:53-p.m. Representatives of the City wishing to join the welcoming contingent should contact the Mayor. Mayor Pro tem Nordquist stated a letter had been received from J. D. Zirkle, District Administrator of the Department of Transportation, in regard to the SR 524 improvement, and stating that Mr. Zirkle was satisfied with the street widths proposed by the City of Edmonds. He also indicated the Department of Transportation would be responsible for acquiring the one right-of-way parcel on the southeast corner of 7th.and Caspers. Their budget restriction remains at $670,000 for this section of SR 524. COUNCIL Councilwoman Childers-Jaech reported that the Personnel Committee had met this evening and they are formalizing and .listing their objectives and concerns. The Committee requested a report from the Office of the Mayor, by their next meeting on April 22, as to the current method of communication 9 • March 18., 1980 - continued between management and employees in,the City of Edmonds. They are in the process of formulating a program to employ an outside.firm to take an employee attitude survey.. They have set as their.primary goal the review of management salaries. Councilwoman Childers-Jaech also reminded Council members to turn in their nominations for appointment- to -the Planning Advisory Board. Councilman Naughten.noted that King County had adopted an ordinance similar to what has been discussed for the City of Edmonds regarding the regulation of drug paraphernalia. He provided the City Attorney with a newspaper article in that regard. Consideration of a proposed ordinance is scheduled for March 25, 1980. Councilman Gould..noted that a hearing on the proposed Communi.ty Development Code was scheduled at the end of this evening's agenda, but the hearing before the Planning Commission had not concluded so the Planning Commission did not have a recommendation to forward to the Council. The Planning Commission continued their hearing to March 27, 1980, and Councilman Gould felt those in the audience for that item .should be aware that,the Council could not come to any conclusion this evening but they were willing to take public.input. This discussion was opened to the public for comment. William Mathias of 540 Holly stated that there should be a lot of publicity on this item before the Council -considers it, and he asked that the Council not consider it until it was well publicized and the Planning Commission concluded its hearing on the matter. Ray Martin of 18704 94th W. agreed and he urged the Council not even to discuss it until -after the.Planning Commission hearing, COUNCILMAN MOTION: KASPER.THEN MOVED,. .SECONDED BY COUNCILWOMAN CHILDERS-JAECH, THAT THE HEARING ON THE COMMUNITY DEVELOPMENT CODE BE DEFERRED UNTIL IT COMES FROM THE PLANNING COMMISSION WITH A'RECOMMENDATION. A ROLL CALL VOTE -'WAS TAKEN ON THE MOTION, WIT11-1 COUNCIL MEMBERS KASPER,.CHILDERS-JAECH, NORDQUIST, AND GOETZ VOTING YES, AND WITH COUNCIL MEMBERS GOULD AND NAUGHTEN VOTING NO. MOTION CARRIED. • 'With regard,to the soon to be formed Planning Advisory Board, Councilwoman Childers-_Jaech asked whether the term of membership would be a full term and how frequently they would meet. She was concerned that candidates be apprised of this information. City Attorney Jim Murphy stated that the Counc.il'will establish the terms of the members of the board. Planning Consultant John LaTourelle stated that the board probably will meet at least twice a month. Councilman Gould -complimented the Staff on the meeting held recently at the Meadowdale Community Club on the subject of the Meadowdale area drainage.. AUDIENCE Fred Grucker,.representing Little League, said a fee is now required for the use of the Pine St. field and they do not have funds to pay for parks that have been free in the past. He said the Little League organization had provided.a no cost maintenance program for the fields they used until last year, and he requested -that the Council drop the fee for the use of City parks. COUNCILMAN MOTION: NAUGHTEN MOVED,.SECONDED BY COUNCILMAN GOULD, THAT THIS MATTER BE REVIEWED AT THE APRIL 15, 1980 COUNCIL MEETING. Councilman Gould asked that the Parks.and Recreation Director present a summary of the history that went into the establishment of the fees. THE MOTION CARRIED. Mary Hannum.of 747 Edmonds St.,.along with a group of neighbors, complained about a landfill which had occurred in their neighborhood on Sprague St. They recited the history of the incident'and provided written material in the form of minutes of two Board.of.Adjustment hearings on the'matter and correspondence from various members of -the City Staff. Approximately 3,500 cu. yds. of fill had been placed over eight adjacent -lots at 720-748 Sprague St.:, and the neighbors were very upset at the resulting consequences to their surrounding properties. The Board of Adjustment had.denied the request for a Conditional Use Permit to allow the fill, but the dirt was still there, and the neighbors said City Attorney Wayne -Tanaka did not want to take any action unless he received direction from the Council. The neighbors were now asking that the City take immediate action'to have the dirt •MOTION: removed. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN KASPER, THAT THE STAFF PROVIDE AT NEXT WEEK'S MEETING A.REPORT REGARDING THE LANDFILL COMPLAINT ON SPRAGUE ST. MOTION CARRIED. HEARING ON PETITION FOR VACATION OF A. PORTION OF 98TH AVE. W., NORTH OF SR 104, ADJACENT TO ROBIN HOOD LANES BOWLING ALLEY; AND AMENDMENT TO COMPREHENSIVE STREET MAP Acting..Planning Division Manager Mary Lou Block stated it would be almost impossible to develop this portion of 98th Ave. W. because of an extremely steep bank located to the north of the bowling alley. The cliff actually separates the City from the County. The father of the owner of the _ property on the west side of the right-of-way had quitclaimed 25' in approximately 1925, and it was thought that the owner of the other side also may have done so at approximatley the same time, but no proof of that had been shown. Councilman Kasper commented that if this were approved the County should be notified that the City is vacating this portion .so they may take similar action for the right-of-way.at the top of the cliff and relieve themselves of some liability. Ms. Block recom- mended approval.of the vacation and.the+change to the Official Street Map. The public portion of MOTION: the"hearing was opened, no one wished to speak, and the public portion was closed. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE CITY VACATE THE SUBJECT PROPERTY BUT THAT AN Amended EASEMENT FOR UTILITIES BE RETAINED, AND THAT THE PROPERTY OWNERS PAY ONE-HALF OF THE FAIR MARKET APPRAISED VALUE OF THE PROPERTY PRIOR TO THE EFFECTIVE DATE OF THE ORDINANCE. Councilman Kasper Amendment recalled that property owners should not be charged if they originally gave the property. Ms. Block the read governing ordinance aloud. ..000NC.ILMAN NAUGHTEN..MOVED.TO.AMEND.THE MOTION,.SECONDED BY COUNCILMAN GOULD, THAT THERE WOULDSBE.NO..CHARGE FOR THE.WEST HALF.BUT THE CHARGE WOULD BE ONLY FOR Amendment THE EAST -HALF.. COUNCILMAN-GOULD FURTHER..AMENDED THE. MOTJ ON.,..SECONDED.BY COUNCILWOMAN.CHILDERS- JAECH, THAT THE COMPREHENSIVE STREET.MAP BE AMENDED.AS REQUIRED BY THIS'ACTION. City Attorney Jim Murphy asked what would happen if the property owner on the.east refuses to pay. He was told that the west property owner then would have the option to buy..it. THE SECOND MOTION TO AMEND CARRIED. THE FIRST MOTION TO AMEND THEN CARRIED.a THE MAIN MOTION,. AS TWICE AMENDED, THEN CARRIED. • March 18, 1980 - continued HEARING ON LIQUOR LICENSE APPLICATION.FOR GO N JOY FOODS - HIGHWAY 99.LOCATION This application was to the Liquor Control Board for a Class "E" and Class "F" license for a con- venience store, Go N Joy Foods, at-238th and Highway 99. Police Chief Marlo Foster stated that the; area generally is commercial in nature, and he recommended approval of the applicant and of the location. The hearing was -opened to the public, no one wished to speak, and the hearing was closed. MOTION: COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO APPROVE THE APPLICANT AND THE LOCATION FOR ISSUANCE OF A CLASS "E" AND "F" LIQUOR LICENSE. MOTION CARRIED, WITH COUNCILMEN KASPER AND NORDQUIST VOTING NO. Councilman Nordquist said he did not see how they could approve the applica- tion when the facility is not even built. Councilman Kasper agreed,.adding that there is no indi- cation of management. HEARING ON PROPOSED INCREASE IN UTILITY RATES Finance Director Art Housler reviewed the utility funding for recent years,.demonstrating the effects of refunding bond issues and noting that there never had been any consideration for depreciation in the.City's utility rates. He also discussed ways to improve the City's bond rating, feeling it essential that it be raised to a "Aaa" rating. Three refunding bond issues between 1972 and 1977 provided more favorable interest rates and money for capital improvements, and also delayed paying principal on debt service. This enabled the City to keep utility rates artificially low, but now those things are catching up with the.City, with a principal payment of $140,000 being due at the end of the year, no money being available for capital improvements, and advance refunding issues not being permitted by the IRS. Public Works Director Fred Herzberg explained that capital improvements and major maintenance are required on the water, sewer, and drainage systems, some being long overdue and others to be programmed in an orderly manner. Utility system needs were identified in detail and various suggested utility rate structures were provided, illustrating which needs could be provided with each. Contracts with Mountlake Terrace and Olympic View Water District were also discussed as to increasing their rates. Mr. Herzberg said there is no federal money available because the per capita income in Edmonds.is too high. He felt there might be a possibility of funds for sewer lines but not replacement lines or storm lines. The hearing was opened to the public, no one wished to speak., and.the hearing.was closed. The number of people in the audience was very small. Councilman Naughten said he would like to have more time to study the problem, and he MOTION: recommended setting several dates for discussion. COUNCILMAN NAUGHTEN MOVED TO PLACE THE INCREASE IN UTILITY RATES ON THE AGENDA FOR DISCUSSION AT'.THE APR'I'L.8 WORK- MEETING, =FOR-P.UBLIC:*HEARING-.ON APRIL 15, AND WITH A TARGET DATE FOR A DECISION BY MAY 6. MOTION FAILED FOR LACK OF A SECOND. .After some further discussion, COUNCILMAN NORDQUIST MOVED TO SET THE MATTER FOR DISCUSSION APRIL 8, AND WITH HEARINGS ON APRIL 15 AND MAY 6. COUNCILWOMAN CHILDERS-JAECH SECONDED THE MOTION FOR DIS- CUSSION. Councilman Kasper questioned whether the City was getting equity, noting that Edmonds is taking care of Mountlake Terrace and Olympic View by running the sewer plant and acquiring an additional site. After a brief discussion, THE MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned at 10:55 p.m. Jt_11� IRENE VARNEY MORAN, City lerk HARVE H. HARRISON, Mayor March 25, 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 STAFF PRESENT Harve Harrison, Mayor Fred Herzberg, Public Works Director Jo -Anne Childers-Jaech John LaTourelle, Planning.Consultant Bill Kasper Irene Varney Moran, City Clerk Katherine Allen Marlo Foster, Police Chief John Nordquist Jack Weinz, Fire Chief Ray Gould Mary Lou Block, Acting Planning Division Manager Larry Naughten Jim Murphy, City Attorney Mary Goetz Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: Items (C) and (E) were removed from the Consent Agenda. COUNCILMAN GOULD MOVED, SECONDED BY COUN- CILWOMAN ALLEN, TO APPROVE THE BALANCE OF.THE CONSENT AGENDA. .MOT.ION,CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of March 18, 1980. (D) Passage of Resolution 464, commending.Edmonds Rainbow Assembly No. 38 for their civic pride and services rendered to the City and the citizens thereof, for their street cleanup after the Irish Spree Parade.