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19800916 City Council MinutesSeptember 9, 1980 - continued look at the City ordinances, not.the State ordinances, and he noted that such had occurred in the incident which started this action.` T-HE MOTION THEN CARRIED. Councilman Kasper asked that Mr. Murphy peruse the City ordinance.to see what is there that is not in the State ordinance. WATER SUPPLY.CONTRACT WITH.SEATTLE Public Works Director Fred Herzberg stated that the City has.not had.a water supply contract with Seattle, although it has been getting water from Seattle for a.number of years. He said he was looking this evening for an intent to sign. He discussed.some.of the key provisions of the proposed contract. 'It will be a 30-year contract, guaranteeing the.supply. of water the City will need for that time, and treating Edmonds. the same as Seattle's.other..customers. Rates will.be reviewed by independent consultants. There wi.11..be a special account established for the purveyor to assure - that the purveyor will be credited .if:purveyor..revenue exceeds -cost of service. There will be a; committee of purveyors (9:members). The City would commit itself to implement whatever water conservation plans. Seattle may propose. Mr. Herzberg noted.that.the City now is paying for the cost of Seattle's supplying water to Edmonds and under the proposed contract Edmonds will have propor- tionate -ownership of whatever inputs into Seattle's expansion.facility. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, TO AUTHORIZE THE MAYOR TO EXECUTE THE LETTER OF INTENT REGARDING A LONG-TERM WATER PURVEYOR CONTRACT WITH THE CITY OF SEATTLE. MOTION CARRIED. There was no.further business to.come before the.Council, and the meeting was adjourned at 9:50 p.m. IRENE VARNEY MORAN, Crty Clerk HARVE, H. HARRISON, Mayor' September 16, 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 lHar.ve Harrison, Mayor Ray Gould Charles Dibble, M.A.A. o-Anne Jaech Fred Herzberg, Public*Works Director ill Kasper Irene Varney. Moran, City Clerk Katherine Allen Art Housler, Finance Director John'Nordquist Jack Weinz, Fire Chief Larry Naughten Marlo Foster, Police Chief Mary Goetz Mary Lou Block., Planning Division Manager Jim Jessel, Parks & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy'City Clerk CONSENT AGENDA Items (B), (C),.and (F) were removed.from the Consent Agenda. COUNCILMAN NORDQUIST 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. (D). Approval of payment of -additional assessment.of.$3,162.50 to Snohomish County Department of Emergency Services from..the Council Contingency Fund.. (E) -Approval of interlocal..agreement.for county -wide arson program and authorization for Mayor Jo execute it and make payment.of.$1,676.78: APPROVAL OF MINUTES OF SEPTEMBER 9,.,1980 [Item (B) on Consent Agenda] Councilwoman Allen asked whether the..provisos were included in.the letter of intent regarding the long-term water purve or-contract.with.the City of Seat.tle..(with reference to the last motion -on page 3 of the minutes. PublicWorksDirector Fred Herzberg responded that they were. . Councilwoman Goetz wished to have the minutes amended in.the "COUNCIL"' portion on page 2. Following her question regarding the figures contained in the letters sent.by the Mayor to water customers, she said his reply should be changed -to:. "He explained that the figures in question had no bearing to the letter and should not'have been included in the.letter." ..She -said she did not think there was.a mix-up in•terminotogy as.ind.icated when there was $420,000.and the Mayor said it should not have been n there. Mayor Harrison.,stated that in looking.at.if ftYrther he thought the statement was correct and that the minutes,should remain as wr.i-tten,.that,.it was: in reference.to this account and .it is the water/sewer°account. Councilwoman Goetz .:said..that-was not what he said at the last meeting, and if he wanted`to make that change now., then .he shou.ld;do so. Mayor Harrison responded "I make that change now then.'' Councilwoman Goetz stated "Then•.I will challenge it later." COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (.B).ON THE CONSENT AGENDA, AS AMENDED.- MOTION.CARRIED. September 16, 1980 - continued LJ AUTHORIZATION.FOR MAYOR TO SIGN ADDENDUM TO INTERLOCAL AGREEMENT FOR.SN000M Item C on Consent.Agenda Councilwoman Goetz asked what the City pays to SNOCOM. Fire Chief Weinz responded that this addendum was regarding the Advanced Life Support Program (Medic 7) and -the City pays $69,000 for that. He said the addendum limits the voting to those who are.direct subscribers of the Medic 7 program. COUNCILMAN NORDQUIST.MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. PROPOSED ORDINANCE ACCEPTING OLYMPIC BANK BID FOR LID 206 [Item (F) on Consent Agenda] Councilwoman Allen -removed this from the' Consent Agenda because she had not seen the proposed ordinance. She took the opportunity to read it, following which'COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO ADOPT ORDINANCE 2160 ACCEPTING THE OLYMPIC BANK BID FOR LID 206 AND ESTABLISHING THE INTEREST RATE ON THE WARRANTS AT 6.51%*PER.ANNUM, AND -APPROVING ITEM (F)`ON THE CONSENT AGENDA. MOTION CARRIED. COUNCIL Councilman Nordquist stated there -was a,letter from Jim Falconer of the Lake Ballinger Community Club proposing improvements for Mathay-Ballinger.Park and requesting that funds be budgeted for such. COUNCILMAN NORDQUIST'MOVED, SECONDED BY.000NCILWOMAN ALLEN,:TO FORWARD MR. FALCONER'S LETTER TO THE PARK BOARD FOR CONSIDERATION AT THEIR NEXT MEETING WITH THE HOPE THAT SOME OF THE PROBLEMS REPORTED CAN BE RESOLVED. MOTION CARRIED. Councilman Nordquist reported on his trip last week to Winnipeg for Community Transit. Councilwoman Goetz advised that she will be late to next week's meeting because of a work commitment. Councilwoman Goetz distributed copies of.a.mockup newsletter provided by Bonnie Morin for the Council's review. It was discussed briefly.and appeared satisfactory.in its skeleton form. Councilman Kasper advised that he will not be present for the October 14 meeting. Councilman Kasper inquired as to who.is.on the committee doing the library review, and he noted that there is no Council representative.- Parks & Recreation Director Jim Jessel responded that the committee is meeting on the first and third Wednesdays of each month,.:just having started those. meetings, and that minutes of their meetings will be provided to the Council. Councilman Kasper felt there should be a Council member on _the committee and it was.suggested that he be that member. Rather than accept the appointment, he preferred to discuss it.with Councilman Gould because he thought Councilman -Gould may wish to be the Council representative. Councilman Kasper expressed concern.about the.slope easements.in the 196th St. development, noting that some are almost to the houses (between. -Olympic Ave. and Olympic View Dr.) and are involved in trees, and part of the design factor was not to.get involved with trees. Public Works Director Fred Herzberg felt some of those were just for.the construction phase. HEARING ON -MARKING YELLOW -CURBS TO- PROHIBIT: PARKING Police Chief Marlo Foster stated that a number of requests had been received to restrict parking on 5th Ave. S. where there are a number of apartments and condominiums.because of the sight limita- tions. He said it would be costly to put up signs and it also would be unsightly; therefore, the intent was to mark the curbs without installation of signs. Also,.although the immediate need was for 5th Ave. S., the practice would not be.limited to that area. Councilwoman Allen was concerned that the ordinance provided for marking 30' from private driveways, but.Public Works Director Fred Herzberg said they generally mark only 20' but 30' was being provided for unusual situations. The hearing was opened to the public, no one wished to speak, and the hearing was closed. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO ADOPT ORDINANCE 2161., AUTHORIZING PROHIBITION OF PARKING WITHIN 30' OF PRIVATE DRIVEWAYS UPON DESIGNATING THE AREA WITH YELLOW CURB MARKINGS. MOTION CARRIED. PROPOSED NOISE ORDINANCE City Attorney Wayne Tanaka stated that.one part.of the proposed ordinance -deals with specific decibal levels, and those are set by State..law.. Another portion of the proposed ordinance deals with public disturbance noise, having to do.with noise that may not.be loud but is annoying, and therefore is not measured. Mr. Tanaka pointed out that enforcement may be a problem. He suggested that the Council take some time to really look.into what -it will cost to enforce and whether it will be enforceable. He noted that deciba1.readings.would have to be taken over different periods of time in order to establish a violation. The.proposed-ordinance was patterned after those of Seattle, King County, and Snohomish'County. Mr. Tanaka stressed that enforcement was the major thing they would have to deal with; as to manpower,. equipment, and priority of enforcement (priority of this over other'things). The discussion was opened to.,the'audience.. Barry Birch, 20905 Woodlake Dr., said there is an.apartment.'complex being built east of his home and they start work at 6:30.a.m. and sometimes work as, late at.11:15.p.m., and they also work weekends and holidays, and their radios are so loud that.,they can be.heard.within his home even with the windows closed. He.said.the.neighbors had. cal1.ed.the.Police Department repeatedly and have.been told nothing can be done about it.. He asked that.the Council.pass something to limit construction working hours and he noted that both Mountlake Terrace and.Lynnwood have such limitations. He asked ,that working hours. be limited to'7:a.m::- 6:00 p..m.,, weekdays:,. and. no. working on weekends or holidays. He added that the complex next to him is almost completed, but.he:thought such restrictions would be helpful for .the future. He also felt the ordinance should be one that the Police Department can 1 1 1 1 1 0 • September 16, 1980 - continued 1 1 • enforce. Des Steele,.20902 Woodlake Dr., asked for a copy,of.the proposed ordinance, which he was given. Bob Gustafson, 9602 Olympic'View Dr.., asked where:the.noise.would be measured, and Mr. Tanaka responded that'it would be from the property line.. Phil King, 7910 79th P1. S.W., said there should be an ordinance requiring that cars have_a legal muffler system and that would take care of most of,the problems. He felt,.measuring noise levels would..be..meaningless. Chief Foster said he would obtain the Mountlake Terrace and.Lynnwood'noise ordinances and that he would check with Seattle and Everett, to see if .they have.had any enforcement problems. Councilman Kasper commented that Chief Foster has always felt automobile noise isthe hardest to enforce, and Chief Foster said it is hard to enforcebecause there are.a..lot of.cars out there and not many officers. Councilman Kasper added that Sunset Ave. has a loud radio problem even today, although many of,the other problems there have been alleviated. Ray Martin,.18704 94th Ave. W.., asked,if.there was not any kind of ordinance for such things as disturbing.the peace, and -Mr.. Tanaka responded that there is b.ut.it really is not suited to these kinds of problems, covering such things as loud parties, drinking, etc. Mrs. Soapes; 7916 217th S.W., said it.had been more expensive -in their neighborhood not having a noise ordinance because they.had called the police several._times.a day and if there had been an ordinance the problem would not.have gone on so.long. Mr.. King said he would like the Council to. set a date this evening for passage of a. noise ordinance, realizing they needed time to consider it but asking for a definite date. The discussion was closed to. -the audience. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN KASPER, TO PLACE THE PROPOSED NOISE ORDINANCE ON THE AGENDA OF -THE OCTOBER 7; 1980 WORK MEETING FOR FURTHER DELIBERATION, AND.TO PLACE IT ON THE OCTOBER 21, 1980 AGENDA FOR PUBLIC HEARING. MOTION CARRIED. CONSIDERATION_ OF ESTABLISHING AN"INFORMAL..CONFERENCE PROCEDURE. FOR "NEIGHBORHOOD DISPUTES" M.A.A. Charles Dibble had suggested adoption of a procedure.whereby an informal conference, presided over by the City Prosecutor,'would be held in deciding whether.a criminal complaint should be filed in certain types of cases. The complainant(s) and the proposed defendant(s) would be in attendance, and it would afford the opportunity.for the prosecutor to.hear and evaluate the contentions of both sides. 'At the conclusion he would know whether a complaint should be filed or whether the matter could be'settled. Mr. Dibble felt such.a procedure would be well suited for neighborhood disputes and marital disputes,. and neighborhood.disputes such as the Council had recently heard would have a more proper forum. Councilwoman Goetz said she felt the.Council should not be hearing some of the things they'hear, and that problems should be resolved at the lowest level. She felt the City had the staff -and professionalism to do -that. City Attorney Wayne Tanaka said the general intent would be that these disputes be forwarded to the Prosecutor.or the proper department head. COUNCILMAN NORDQUIST MOVED, SECONDED BY.000NCILWOMAN ALLEN, THAT THE,MAYOR BE -REQUESTED TO ASK HIS ASSISTANT TO DRAFT A PROCEDURE ALONG THE LINES.OF HIS AUGUST 13, 1980.MEMORANDUM, FOR CONSIDERATION BY THE COUNCIL AT NEXT WEEK'S MEETING, WITH THE.INTENT.THAT DISPUTES.AS.DISCUSSED.BE HANDLED BY THE PROSECUTOR OR THE DEPARTMENT HEAD, AND ONLY BE REFERRED TO THE COUNCIL.WHEN.ALL-OTHER EFFORTS HAVE FAILED. Councilman Kasper felt this would be an excellent way to handle such problems as they get blown out of.proportion when they go before the Council.' THE MOTION CARRIED. There was no further business to.come before the Council, and the meeting was adjourned.at 9:05 p.m. IRENE VARNEY;MORAN,'Cila Clerk September 23, 1980 HARVE H. HARRISON, Mayor The regular meeting of the Edmonds City.Council was called -to order at 8:03 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, Jo -Anne Jaech Bill Kasper Katherine Allen John Nordquist Larry.Naughten Ray Gould Mary Goetz Mayor Charles Dibble, M.A.A. Fred Herzberg, Public Works Director Irene Varney Moran,City Clerk Jim Adams, City Engineer Art Housler, Finance Director John LaTourelle, Planning Consultant Mary Lou•Block, Planning Division Manager Jack Weinz, Fire Chief Dan Prinz, Assistant Police Chief Jim Jessel, Parks.& Recreation Director Duane Bowman, Associate'City Planner Jim Murphy, City_ Attorney Teresa Quigley, Recording Secretary Councilwoman Goetz was not present during the first part-ofthe meeting, arriving at 9:00 p.m., and ha,, ng.advised the Council previously that she would be late. Mayor Harrison introduced Mr.'J.im Bannerman, President of the Washington Finance Officers' Association. Mr. Bannerman presented Finance Director Art Housler with.a Certificate of Merit in recognition of