Loading...
19820112 City Council MinutesS68 December 22, 1981 - continued Sg Conroy's time is spent on indigent defense work for the City since the move to South. District Court. When Edmonds had its own court the.cases were all scheduled together but now he has to spend much of his time at South.Distri.ct Court.on.these.cases, so at $52 per case he is losing a lot more money than he would at $75 per case, which was a suggested fee. Mr. Tanaka suggested that Mr. Conroy be invited to attend the.January 19 discussion. The Council asked to be provided a copy of his contract. THE MOTION CARRIED. COUNCIL PRESIDENT ALLEN MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO PLACE ON THE JANUARY 12, 1982 AGENDA THE PROPOSAL FROM THE PORT AND BOB PANTLEY REGARDING .THE PORT -CITY PARKING LOT. Council - member Gould requested that a summary of.the situation be presented. MOTION CARRIED. COUNCIL PRESIDENT ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO PLACE ON THE JANUARY 26, 1982 AGENDA -A REVIEW OF THE WATER/SEWER RATES REGARDING APARTMENTS AS.COMPARED TO SINGLE FAMILY RESI- DENCES. MOTION CARRIED. Councilmember Gould suggested that the Price/Waterhouse people be invited to discuss the philosophy of the structure which has been established. Council President Allen said she had received a letter from a citizen asking what people's respon- sibilities are to keep their shrubbery along the sidewalks trimmed back. He had been forced into the street while jogging because of the overgrowth of some shrubbery. Public Works Superintendent Jack Mitchell noted that four residences were involved in this incident and the residents of two had cut the brush and the other two.have said they would also. He said his department requests that they cut back any such brush growing into the right-of-way. Council President Allen noted that election of a new Council President would take place January 5, 1982 and she said she would like to have something on paper from each Councilmember indicating what each expects of -the President so that -a composite can be made for that date. Councilmember Allen noted that on the January 5, 1982 agenda there is an application for Yellow Cab of Lynnwood to operate in Edmonds. She noted that Student Representative Marc Gluth had brought in a sample of cards they are already distributing advertising in Edmonds and, further, that he had been in the convenience store at Five Corners that day and a lady had asked the clerk there to call a cab for her and he had called Yellow Cab. She also noted that they already have an office at Five Corners. City Attorney.Wayne Tanaka asked whether the Council wished to take action on the covenant from Dr. Jacque Mayo .in connection with the Fourtner Building remodel. He advised them of two typographical errors which had been corrected and.said Dr. Mayo had signed it as corrected and had given the City the promissory note as required. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO APPROVE THE COVENANT AS AMENDED. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEMBERS ALLEN, GOULD, AND HALL VOTING YES, AND WITH COUNCILMEMBERS JAECH, KASPER, AND NORDQUIST VOTING NO, RESULTING IN A TIE VOTE. Mayor Harrison declined to vote at this time, wanting to study it before voting. THE MOTION FAILED. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO PLACE THE CONSIDERATION OF THE COVENANT FROM DR. MAYO ON THE JANUARY 5, 1982 AGENDA. MOTION CARRIED. There was no further business to come before the Council,.and the meeting adjourned at 9:20 p.m. IRENE VARNEY MORAN, Ci.t Clerk. HARVE H. HARRISON, Mayor January 12, 1982 - Work Meeting The regular meeting of the Edmonds City Council was called to order at 7:30 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 Bill Kasper Jack Mitchell, Public Works Supt. Katherine Allen Gwen Leland, Jim Adams, City Engineer Jo -Anne Jaech Student Rep. Irene Varney Moran, City Clerk Laura Hall Mary Lou Block, Planning Director Ray Gould Art Housler, Finance Di'rector-- John Nordquist Marlo Foster, Police Chief Larry Naughten Jack Weinz, Fire Chief Jim Jessel, Parks & Recreation Dir. Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk City Attorney Wayne Tanaka administered the J oath of office.to recently elected Councilmembers Allen, Hall, and Naughten. Councilmember Naughten expressed thanks for having been re-elected, thanks to the Staff for its support, and thanks to the citizens who attend the Council meetings for their interest. 369 • January 12, 1982 - continued CONSENT AGENDA Items (C), (D), and (E.) were removed from the Consent BY COUNCILMEMBER GOULD, TO.APPROVE THE BALANCE OF THE items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of December 22, 1981. Agenda. COUNCILMEMBER ALLEN MOVED, SECONDED CONSENT AGENDA. MOTION CARRIED. The approved (F) Acknowledgment of.'receipt of Claim for Damages from William C. Med,in in the amount of $473.01. SET DATE OF FEBRUARY 2, 1982 FOR HEARING RE CONSIDERATION OF PAB RECOMMENDATION TO DEVELOP PUBLIC PARKING AREA AT INTERSECTION OF.5TH AND BELL [Item (C) on Consent Agenda' Councilmember Naughten asked whether this item would be posted, and he was advised that it would. COUNCILMEMBER NAUGHTEN MOVED,.SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE ITEM (C).ON THE CONSENT AGENDA. MOTION CARRIED. REPORT REGARDING PROPOSED 30-MINUTE PARKING SPACES IN FRONT OF FINANCE BUILDING Item D on Consent Agenda City Engineer Jim Adams had reported that observations by the Public Works receptionist and Utility Billing clerks indicated that very rarely are there more than two customers parked at one time to • make payments, and to,deliver the payment usually takes less than one minute. He therefore recom- mended that two parking.spaces in front of the Finance building be designated for 5-minute parking between the hours of 8:00 a.m. and 5:00 p.m, Monday through Friday. He said a drop box had been placed there, going into the building, so five minutes would be adequate time to drop the payments. Councilmember Nordquist asked how far back from the stop sign the parking spaces would be, and Mr. Adams responded that it would be 20', the standard distance. COUCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBEP. ALLEN, TO APPROVE ITEM (D) ON THE CONSENT AGENDA, AND TO INSTRUCT THE CITY ATTORNEY TO DRAFT THE NECESSARY ORDINANCE. MOTION CARRIED., ADOPTION OF HEARING EXAMINER RECOMMENDATION ON HEIGHT VARIANCE FOR SNOHOMISH COUNTY PUD #1 AT 260 4TH AVE. S. (V-29-81) [Item (E) on Consent. Agenda] Councilmember Gould said this would 'permit the applicant to exceed the 25' height limitation which he thought would have an impact.on the views of the neighbors, and he -was not convinced of the need. He thought there should be a public hearing.and he wanted to see a demonstration of the need for the project. Councilmember'Naughten expressed agreement, saying the 35' high poles would have a visual impact on the residential properties. He said there did not appear to have been a great deal of. resistance from the residents of the area, but he agreed they should have a.hearing. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER JAECH, TO SET FEBRUARY 2, 1982 FOR A PUBLIC HEARING ON THE SUBJECT ITEM. MOTION CARRIED. City Attorney Wayne Tanaka cautioned the Council that this would be a quasi-judicial hearing in terms of the appearance'of fairness and that they should not discuss the merits of the case or talk with interested parties about it prior to the hearing. MAYOR Mayor Harrison asked for confirmation of his reappointment of Councilmember Gould to the LEOFF Disability Board. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONFIRM THE APPOINT- MENT. MOTION CARRIED. • Mayor Harrison wished to appoint Lloyd Black to the Board of. Appeals to replace Jack Stansfield whose term had expired. Mr. Black will be interviewed by the Council at 7:15 p.m., January 26, 1982. Mayor Harrison noted that Richard•Kirschner's term on the Library Board had expired. He had been filling a partial term.and Mayor Harrison wished to reappoint him. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO CONFIRM THE MAYOR'S APPOINTMENT OF RICHARD KIRSCHNER TO POSITION 3 ON THE LIBRARY BOARD, TERM TO EXPIRE DECEMBER 31, 1986. MOTION CARRIED. APPLICATION FROM YELLOW CAB OF LYNNWOOD, INC., TO OPERATE IN CITY OF EDMONDS City.Clerk Irene Varney.Moran reported that the City of Lynnwood had conducted a. thorough -examination of the cabs when this company was licensed in Lynnwood last year. Assistant Chief of Police Dan Prinz conducted a.background..investigation based on one also done earlier.last year by Lynnwood, and he found nothing to disqualify the company. Drivers' abstracts also had been received according to Police Chief Marlo.Foster, and they had been satisfactory. The Police Department recommendation was to approve of the application.; with the understandingthat their insurance company would provide 30 days' notice of cancellation of insurance coverage,.rather,than 15 as stated im their application. Mrs. Moran also recommended approval, upon payment of the required fees. Charles Griffis, a corporate officer of the company, was present and answered several questions of the Council, following which COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE THE APPLICATION, WITH THE PROVISIONS STATED BY THE STAFF. MOTION CARRIED. CONSIDERATION OF COVENANT RE OFF -;.STREET PARKING FOR,FOURTNER BUILDING REMODEL (J. MAYO Mayor Harrison read aloud a -letter from Jacque Mayo, received.this date, stating that he had decided to withdraw his application, although the building .permit had been issued, inasmuch as the City Council had not yet approved the -covenant for off-street parking and in view of the delays and additional expenses associated with the in -lieu parking requirements and with the project as a • whole. There was no other action. ..370 January 12, 1982 - continued • D1SCUSSION OF.PROBLEM RELATING'TO'.REHABILITATION OF LAKE BALLINGER City Engineer Jim Adams stated that.$36,000 had been budgeted for this, but there actually.should be no cost to the City because the City of Mountlake Terrace had applied for a HUD Block Grant for all local participation and it now appeared probable that there would be no direct charges to Edmonds. Mr. Adams reviewed the background of this situation. In 1942, by court order, the State established a maximum surface elevation for Lake Ballinger at 278.5'. Since then, downstream structures have limited the outfall, causing the lake to rise above that level. The surface level has been as high as 280.1' with recent summer elevation:being approximately 277.2', and with winter elevations ranging from 277.2' to 280.1'. Prior to the structures downstream the summer elevation apparently was maintained at 278.5' by the existing weir. The Department of Ecology has petitioned for a modification to the court order to allow the level of the lake to exceed the 278.5' maximum elevation in the event of a major storm, which will occur approximately every five years. Their petition also provides for a minimum level of 276.5'. The consulting engineers working on this project determined that if the lake is to be controlled so.as not to exceed the 278.5' they must set the normal fall/ winter -level at 277.0' and the normal spring/summer level at 277..2'. However, the Edmonds lakefront home owners object, wanting the lake to.be at a higher elevation during the summer months and they have petitioned that the City of Edmonds remove its support from the Department of Ecology petition, and further asked for assistance in opposing any changes. They believe that all necessary control can be accomplished under the existing court order. The.matter was scheduled for hearing at the Snohomish County Superior Court on January 15, 1982. Carl Rautenberg, Mountlake Terrace City Engineer, displayed charts to demonstrate the various lake levels of the past and he proposed.a control of 277.3 in the summertime. He said a different weir would be inserted in the wintertime to allow the lake to go down to 276.8', trying to drop the winter elevation to minimize floodings which had occurred in the past at 279' and 280'. He said he had concluded that the petitioners had not comprehended the elevations of the lake and the effects • on their properties, the lake currently being at 277.5' which he said Bob Boye had seen and thought would be adequate for the summer. Mr. Rautenberg noted that there would be a meeting the following evening at the Lake Ballinger Community Club to explain the project in detail to interested parties. At this time Lois Anderson, the Mayor of Mountlake Terrace, was introduced. She thought the Lake Ballinger rehabilitation project was probably the -most outstanding example she had seen of inter- governmental cooperation, and she urged that it not be interrupted by Edmonds removing its name from the petition. Bob Boye, 24325 76th W., who hadbrought this before the Council, again asked that Edmonds remove its name from the petition. He said for years the court ordered lake levels were maintained by a weir with one man removing or replacing the necessary boards to control the flow, but flooding took place after the weir was dismantled and the Nile Temple constructed a road with a culvert in it which was higher than the weir,.and which then acted as a weir...He said part of the plan is to bulldoze the whole thing out and lower it 1' 1 1/2', causing a drop behind the weir. He felt there should be a three-year plan to.keep the requested levels for three years (to go along with the King County study of the lake), and that McAleer Creek should.be regraded. He said the weir with the appropriate structure panels should be used during that time. 'He displayed a drawing to illus- trate the signatures he had obtained supporting his position, and said most of the Edmonds people on the lake had signed. Mr. Rautenberg agreed that the the structure downstream (the culvert) impedes the water flow, but he said when that came to his attention ten years previously he asked the Department of Ecology to maintain the court ordered level, with no success. He also said the EPA funds for the lake rehabilitation will not be available in three years. Daris Healy, another lakeside resident, felt the City of Mountlake.Terrace was supporting the lowering of the lake because that city's golf course floods, and she said the golf course was built on fill and bottomland and is sinking. The discussion became quite lengthy, with each side supporting its own position. Councilmember Gould expressed concern that Edmonds was being asked to remove its • name from the petition, saying he had been enthusiastic about the rehabilitation project because it was the opportunity to clean up the lake, and if Edmonds removed its name it would not be doing,all it could to clean up the lake. Councilmember Allen said she was not ready to change the previous action of the Council because Mountlake Terrace and Edmonds cannot clean up the lake by themselves -- they must have State help. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE CITY SIGN A STATEMENT TO THE COURT SAYING THAT THE MAIN THRUST OF THE CITY OF EDMONDS WHEN IT SIGNED THE PETITION WAS THAT IT APPROVED OF THE PROGRAM TO CLEAN UP THE LAKE AND AT THAT TIME THE CITY COUNCIL WAS NOT AWARE OF THE PROBLEMS RELATED TO THE LAKE, AND THE CITY COUNCIL WISHES THE DETERMINATION OF THE LEVEL OF THE LAKE TO BE MADE BY THE COURT. MOTION CARRIED. Because of the lateness of the hour and the fact that the Council was scheduled to meet shortly in Executive Session to discuss labor negotiations, COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCIL - MEMBER NORDQUIST TO RESCHEDULE THE REMAINING ITEMS ON THE AGENDA AS FOLLOWS: ITEM 6 - PROPOSAL REGARDING PORT/CITY PARKING LOT, JANUARY 19; ITEM 7 - REPORT FROM ENGINEER ON 1990 TRANSPORTATION PLAN, JANUARY 26; ITEM 8 - REPORT ON GASOLINE SITUATION AT PUBLIC WORKS PUMPS, JANUARY 26; ITEM 9 - DISCUSSION ON CRITERIA FOR BOARD MEMBERS, FEBRUARY 9; AND ITEM 10 - EVALUATION, OF COUNCIL COMMITTEE STRUCTURE, FEBRUARY 9. MOTION CARRIED. QUESTIONS ON JANUARY 19 AGENDA ITEMS Councilmember Nordquist referred to.the item, "Hearing on Proposed Restriction of On -Street Parking on 76th Ave. W. from 216th S.W. to 218th S.W.," and said there is no posting there. He asked that it be reposted. COUNCIL Council President Allen noted that the utility billing format had been changed, and some negative comments had been received, but she said it will result in savings of $2,000 and that justified the change. • January 12, 1982 - continued 3.71 LJ 1 COUNCILMEMBER JAECH MOVED TO NOMINATE BILL KASPER AS THE COUNCIL PRESIDENT.FOR'1982, SECONDED BY COUNCILMEMBER ALLEN. Councilmember Gould noted that.a format should be designed to assure that each Councilmember has the opportunity to be Council President during his term of office, so if Council - member Kasper were followed by'Councilmembers Jaech, Naughten, and Hall, that would be accomplished. MOTION CARRIED. Councilmember Jaech said the Finance/Public Safety Committeee had discussed changing the fees for land use applications and she would like to set a date for review by the Council. COUCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER GOULD, TO SET.JANUARY 26, 1982 FOR DISCUSSION OF CHANGING THE FEES FOR LAND USE APPLICATIONS. MOTION CARRIED. The material provided to the committee for this discussion is to be provided to the other Councilmembers. COUNCILMEMBER JAECH MOVED; SECONDED BY COUNCILMEMBER NORDQUIST,.THAT A LETTER BE SENT TO THOSE PEOPLE WHOSE SIGNS ARE NOT IN CONFORMANCE WITH THE SIGN -CODE., WITH EMPHASIS ON THE FIVE CORNERS AREA WHERE THERE IS A PREPONDERANCE OF UNAUTHORIZED SANDWICHBOARD SIGNS. MOTION CARRIED. COUNCILMEMBER GOULD MOVED; SECONDED BY COUNCILMEMBER NAUGHTEN, TO AUTHORIZE THE RETENTION OF FRANK 'HANSCHE AS ARBITRATOR IN THE EDMONDS VS. MOUNTLAKE TERRACE ARBITRATION, WITH COMPENSATION AS STATED IN THE DECEMBER 29, 1981 LETTER FROM.CITY ATTORNEY WAYNE TANAKA. MOTION CARRIED. Councilmember Gould requested.that the City Clerk provide him with a copy of his most recent public disclosure statement. Regarding the question of whether Price Waterhouse should be invited to address the Council again about the water/sewer rate structure, Councilmember Gould said that would be held in abeyance until the City Attorney'.s„opinion .is received.. Councilmember Gould referred.,to a memo from City Attorney.Douglas Albright which recommended the continued use of Cabot. Dow & Associates through March.31, 1982 for labor negotiations. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE THE CONTINUED USE OF CABOT DOW & ASSOCIATES THROUGH MARCH 31, 1982 OR THE EARLIER RESOLUTION OF ALL OF THE LABOR AGREEMENTS; ON THE SAME TERMS PREVIOUSLY APPROVED. MOTION CARRIED. Councilmember Gould requested a copy of the State law having to do with the procedure citizens must follow when they turn in found items if they wish to have such items returned to them if unclaimed. He had received a citizen complaint about the procedure in Edmonds, and ,City Attorney Wayne Tanaka advised him that State law governs the procedure. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO PLACE ON THE FEBRUARY 2, 1982 AGENDA A REVIEW OF THE CITY'S CONSTRUCTION AND DESIGN CONTRACT POLICY. MOTION CARRIED. Mayor Harrison advised that Jim Roberts had attended.the Boundary Review Board meeting this evening at which they waived jurisdiction regarding the annexation north of Perrinville. Mayor Harrison asked for A.replacement for former Councilmember Goetz on the Professional Consultant Selection Committee. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT COUNCILMEMBER HALL BE APPOINTED TO THE PROFESSIONAL CONSULTANT SELECTION COMMITTEE. MOTION CARRIED. Councilmember Hall read a letter from Doug Egan regarding the proposed Bell Street parking triangle in which he expressed opposition'to the proposal. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 10:10 p.m. IRENE VARNEY MORAN, Cit# Clerk January 19, 1982 v HARVE H. HARRISON, Mayor The regular.meeting of the Edmonds City Councii was called to order at 7:35 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 John Nordqu.ist Jim Adams, City Engineer Bill Kasper Irene Varney Moran, City Clerk Laura Hall Mary Lou Block, Planning Director Larry Naughten Marlo Foster, Police Chief Ray Gould Jack Weinz, Police Chief Katherine Allen Jim Jessel, Parks & Recreation Director Jo -Anne Jaech Art Housler, Finance Director Wayne Tanaka, City Attorney Mark Eames, City Attorney Jackie Parrett, Deputy City Clerk •