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
•