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19770719 City Council Minutesand building permits were running 30% to 50% higher than last year. M.A.A. Herb Gilbo commented • that the City is getting a finer and stronger organization as a result of the restructure. He noted that Mr. Wallis had.been spread thin, but he said Mr. Wallis was responding very well. He said Mr. Larson also was doing extremely well, but that many man-hours had been lost in the engineering and design end because of lack of personnel.. He.was sure that once the Public Works Department -was able to replace its assistants, it would move on at a good pace. He'noted also that .the addition of the Accounting and Finance Supervisor had made the Finance Department more effective. Mr. Gilbo felt that, overall, the restructuring had been successful: Councilman Gould commented that it appeared to him that the restructure had been successful and he felt the Staff should be fully manned to continue the services demanded of it. Councilman Gellert commented that inflation is going to prevent maintaining all services. He -thought it would probably be impossible to keep MOTION: fully staffed. A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT THE REQUEST FOR THE ADDITIONAL CIVIL ENGINEER IN THE PUBLIC WORKS DEPARTMENT BE APPROVED. MOTION CARRIED. REPORT ON LEOFF EMPLOYEES' HEALTH STATUS (9:45 p.m.) Councilman Anderson said he had -asked that this. be put on the agenda because there has been a concern of the Disability Board that a number of City personnel do not stay in good physical .condition and, as a result, go on disability. He said he had been trying to find some standards that would be required to.continue to work for the City. He said he would like to give impetus to development of some kind of standards and testing program by which a certain level be mandatory for employment on'the parts of firemen and policemen. He said there are some personnel who are overweight -and cannot pass.a basic physical fitness test. Police Chief Foster said most of his people are quite fit, but there are.some who are not. He said this has been a continuing problem, but that entrance standards can be set now because the State of Washington has come out with some standards. He said this had been discussed with union officials and they are not objecting to some kind of a program. There was some discussion regarding a program.offered by Edmonds Community College for a structured physical training program. Fire -Chief Cooper said the concern was for -the people who are employed presently. He felt this course would give -everyone the opportunity to have a structured exercise program at a minimum cost to the City. After lengthy • MOTION: discussion and several attempts at motions to resolve this, A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, T:HAT',THEDISABILITY BOARD BE INSTRUCTED TO WORK WITH THE POLICE AND FIRE CHIEFS AND THE POLICE AND FIRE UNION STEWARDS TO NEGOTIATE SOME APPROPRIATE STANDARDS FOR -.FITNESS FOR UPCOMING*STANDARDS:' MOTION CARRIED. A'MOTION WAS THEN MADE BY COUNCIL- MAN GELLERT, SECONDED BY COUNCILMAN. CARNS, TO AUTHORIZE THE POLICE AND FIRE CHIEFS TO PERMIT THEIR PERSONNEL TO TAKE PE 104 AT EDMONDS COMMUNITY COLLEGE AND TO BE REIMBURSED FOR THE COURSE., IF THEY ATTAIN A "C" GRADE OR BETTER, OR A "PASS" IF IT IS A PASS/FAIL GRADE SITUATION. MOTION CARRIED.. DISCUSSION.OF'PLANNING PROCESS FROM COUNCIL/STAFF RETREAT - MID TERM GOALS (10:40 p.m.) Because of the lateness of hour, it was agreed that this item should be continued until a time when the proper amount of time could be devoted to it, and that it should be early on the agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON THAT THIS ITEM BE CONTINUED TO JULY 19, AND THAT IT BE PLACED ON THE AGENDA IMMEDIATELY AFTER THE PLANNING COMMISSION RESOLUTIONS. MOTION CARRIED. Mayor Harrison announced that:the budget process was beginning and that the budget would be prepared on schedule. There was no further business to come before'Athe Council and the meeting was adjourned at 10:45 p.m. i� IRE E VARNEY MORAN, PtY C.Ier.k . H. HARRISON; Mayor. • *See July 19, 1977 Minutes for -correction to. CONTRACTS. July 19, 1977 The regular meeting of the Edmonds City Council 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 Robert Anderson J. Herb Gilbo, Consultant Ray Gould Joe Wallis, Community Development Dir. Phil Clement Dick Allen, Asst. City Engineer Max Gellert. Jack Cooper, Fire Chief John Nordquist. John Wallace, City Attorney, Tom Car.ns -Wayne Tanaka, City Attorney Mike.Herb Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:36 p.m.) Councilman Gellert had a correction to the minutes of.July 12. On page 4, in the first motion made by Councilman Gellert regarding LEOFF Employees' Health Status, the last word of the motion should MOTION: be changed from "standards" to "contracts." A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT AGENDA WITH THE MINUTES CORRECTED AS STATED. MOTION .CARRIED. The Consent Agenda.contained the following: • July 19, 1977 (Continued) 101 (A) Roll Call. (B) Approval of Minutes of July 12, 197.7,,as corrected. (C) Final plat approval of "Brockman Park." COUNCIL (7:37 p.m.) Councilman Gould said.he had attended the public hearing at the Mountlake Terrace City Center re- garding the.Lake Ballinger Rehabilitation'Project. He appeared as a private citizen, although identifying himself as a City Councilman, and testified in favor of the rehabilitation of Lake Ballinger. While he was there, the Mayor of Mountlake Terrace asked that he relate to the Council that they are having a."Funtathalon" from July 23 to July 24, and the Edmonds City Council was invited to attend. Councilman Gould had also had an inquiry -from John French who lives in the area of the Edmonds High School and who asked if there was.a City ordinance regarding noise that would prevent the -starting of bulldozers at 5:30 a.m. City Attorney John Wallace said there was- no ordinance to prevent this. He said there are State noise standards but the City has not adopted them. Councilman Gellert -said he had been questioned by a member of the press regarding an ordinance the City has against granting compensatory time to department heads. He said he had not been aware of it and felt that when a person became a department head*he was hired, to-do a job and to watch the clock, and he should not be prohibited from taking equal time off for extra work done as long as he accomplishes his job. Councilman Gellert thought the ordinance should be reviewed and possibly MOTION: modified. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN GOULD, THAT A REVIEW OF THE ORDINANCE REGARDING COMPENSATORY TIME BE PLACED ON THE NEXT WORK MEETING AGENDA, AUGUST 9. Discussion followed, with Councilman Clement noting this had been addressed on July 27, 1976. Consultant Herb Gilbo added that the accounting of compensatory time had been done only as a manage- ment tool so that when a department head needed some time off, there was reasonable assurance that he had a balance of accumulated compensatory time. THE MOTION THEN CARRIED. The Council is to be • furnished copies of the ordinance and present City policy. Councilman Clement advised.he would not be present July 26, August,16, and August 23. Councilman Clement noted that it appeared sales tax revenue will be approximately $55,000 over what has been MOTION: budgeted and that an extra $22,000 had been collected in the Public Works Title II Fund. A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GELLERT, THAT BUDGET ADJUSTMENTS BE DISCUSSED ON AUGUST 9. MOTION CARRIED. Councilman Gellert noted that the legislature had outlawed the collection of taxes on charity bingo and asked if the City's ordinance will have to be amended. City Attorney John Wallace said his office will see what has to be done to the Edmonds Code when this legislative change has been disseminated. The full context of the change has not yet been disseminated, Councilman Clement said he had the contract to be signed by Mayor Harrison and himself, as Mayor Pro tem, providing compensation to the Mayor of $4,200 for serving the City full-time from. August 1 to October 31, 1977, and waiving all future rights of.continuation. Councilman Clement said he thought MOTION: it was.totally consistent with what had been discussed at the July 5 meeting. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN CARNS, TO AUTHORIZE MAYOR PRO TEM PHIL CLEMENT TO EXECUTE THE CONTRACT WITH MAYOR HARVE HARRISON FOR ADDITIONAL COMPENSATION OF $4,200 TO BE PAID TO THE MAYOR FOR THE PERIOD AUGUST 1 TO OCTOBER 31, 1977. MOTION CARRIED. Councilman Herb commented on an article in the Enterprise regarding the Mayor's failure to advise the Council when he first received notification from his assistant, Herb Gilbo, that he planned to resign. Councilman Herb expressed the view that if the Mayor withheld information from the Council there might be tendencies on the parts of his subordinates to withhold information from him. Mayor Harrison responded that he had.not thought it was that critical at the time to notify the Council immediately, but if he had known the newspaper would make such a big issue of it he would have done so. Herb Gilbo added that the newspaper had been incorrect in its listing of the sequence of events, • and that his formal notice had not been given until after the Council meeting of June 7, whereas the newspaper had stated it was given that afternoon. Councilman Clement expressed the view that the relationship of trust between the Council and the Mayor has a lot to do with progress in moving toward joing goals, and the working relationship is hindered if .either the legislative or executive branch does not communicate with -the other because it feels it does not heed to communicate with the other because it is not required to do so. Mayor Harrison reiterated that he had not thought it was urgent to so notify the Council at that time. MAYOR (8:00 p.m.) Mayor Harrison asked the Council to authorize legal action being taken against the State to reclaim $5.200. City Attorney John Wallace explained thatthe City and the State had gone out for bids to put in some signalization. It had been represented that there would be a certain percentage of State and Federal matching funds to help pay for the --project. The bids came in above the estimates and the City advised that it wished to withdraw. The State replied that it could furnish more money than previously indicated and, based upon that, the City proceeded to build the project. Then the State said it could not get the increased funds and that, because of State law, it had a first lien on the City's 2 cent gas tax, so if it was not paid it would hold the funds out of the !,- cent gas tax. MOTION: The City paid under protest and filed a claim with the State, but the State had taken no action to approve it, so Mr. Wallace felt legal action should be taken to reclaim the funds. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO AUTHORIZE THE LEGAL ACTION AGAINST THE STATE OF WASHINGTON TO RECLAIM FUNDS IN THE AMOUNT OF $5,200. MOTION CARRIED. Mayor Harrison asked for confirmation of his appointments to the MEBT Plan Committee of Judie Huber, Lila Crosby, and John Wallace. An election procedure i-s being established for the employees MOTION: to elect two additional members to this committee. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO CONFIRM THE MAYOR'S APPOINTMENTS OF JUDY HUBER, LILA CROSBY, AND JOHN WALLACE TO THE MEBT PLAN COMMITTEE.. MOTION CARRIED. * S ee,:Minutes of July 26, 1977, for correction from "and" to "NOT". 102 AUDIENCE (8:15 p.m.) MOTION: MOTION: MOTION: MOTION: Joe Wermus of 752 Dayton St. asked for an update on the lease and/or purchase of the Edmonds Elementary School. Mayor Harrison responded that he had asked the Task Force to reassemble and study this situation and make a recommendation to the;:Council. Fie said Chet Bennett is the chairman of the Tash Force. Mr. Wermus said he had been on the Task Force and it has not been called back together because Mr. Bennett has been too busy to do so. Mr. Wermus also felt that the City should pursue this more professionally and not leave it to the Task Force. He did not think the recommendation of the Task Force would be taken very seriously anyway. Paul Fischel of 837 Main St. commented that when the Junior High School was under study a lot of people worked on that only to find that the Mayor was against it in the end and that there wasn't much point in the citizens being interested in it if the Mayor was against it. 'He commented on the additional funds Councilman Clement said were in the budget and asked why those funds could not be used. to lease the Elementary School. He said if the Mayor was against acquiring the -Elementary School he would like the Mayor'to.so indicate. Mayor Harrison said it -Was not known what the property actually was worth, but if it could be purchased at a bargain figure he felt'it should go to the public for a G.O. bond issue to purchase the school. Discussion followed regarding options other than G.O..bonds:after. which A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, THAT THE MAYOR BE AUTHORIZED TO OBTAIN AN INDEPENDENT APPRAISAL OF THE ENTIRE EDMONDS ELEMENTARY SCHOOL PROPERTY, WITH THE STIPULATION THAT IT BE DONE WITHIN 30 DAYS, AND THAT IT BE REPORTED TO THE COUNCIL IN EXECUTIVE SESSION AUGUST 23. COUNCILMAN CLEMENT MOVED TO CHANGE THE DATE TO AUGUST 30 AS HE WILL BE ABSENT AUGUST 23 AND HE WAS AGAINST THE MOTION BUT THOUGHT IT WOULD BE PASSED AND HE WANTED TO BE PRESENT WHEN THE REPORT IS MADE. COUNCILMAN NORDQUIST SECONDED THE MOTION TO AMEND BY CHANGING THE DATE OF THE REPORT. THE MOTION TO AMEND CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED, WITH COUNCILMAN CLEMENT VOTING NO. Councilman Herb encouraged the Task Force to meet and possibly appoint a new chairman who had more time to devote to it. Mayor Harrison said he would contact Chet Bennet to see if he wants to yield to a new Chairman. CORRESPONDENCE (8:26 p.m.) The Deputy City Clerk reported,a petition had been received from residents of 78th Ave. West, between 234th S.W. and 236th S.W., asking that the City restore the asphalt road surface immediately without expense to the residents, and that a copy of the petition had been sent to the Public Works Department for action. Two of the petitioners were present and described the poor conditions of the street. There was general agreement from members of the Council that this street was in extremely bad condition. A MOTION WAS.MADE BY. COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT THE COUNCIL ACKNOWLEDGE RECEIPT OF THE PETITION. MOTION CARRIED. Several Councilman requested copies of the; -petition. Assistant City Engineer Dick Allen will provide a report in answer to the petition. • HEARING ON P.C. RESOLUTION 556, RECOMMENDING APPROVAL OF PROPOSED, AMENDMENT TO ZONING CODE TO ESTABLISH REGULATIONS GOVERNING PUBLIC AND INSTITUTIONAL LAND USES IN RS DISTRICTS (FILE ZO-19-76)(8:40 Community Development Director Joe Wallis reported that this action had originated with a request by Bruce Jones that a separate Public Lands Zone be established in the City. It was heard five times - before the Planning Commission and the final recommendation was that the best course of action would be not to create a separate zone but to keep public and institutional uses, as presently in the Code, in the RS section. There were recommended changes, however, and Mr. Wallis discussed them. -He noted that while Conditonal Use Permit applications are generally heard by the Board of Adjustment, the uses named in the proposed amendment would be heard by the City Council. Building and site requirements also are enumerated in the proposed amendment. Mr. Wallis stressed that where the use, the original applicant, or the location changes, a new Conditional Use Permit must be obtained. Mr. Wallis recommended approval because the proposal will establish needed regulations for public and institutional uses. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. Councilman Clement commented that this was one time that the Conditional Use .Permit application should be heard by the elected officers instead of the Board ; of Adjustment because there could be political interests. A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN CARNS, TO ADOPT ORDINANCE 1929, PURSUANT TO P.C. RESOLUTION 556. MOTION CARRIED. Councilman Nordquist was not present for the vote. HEARING ON P.C. RESOLUTION 55, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO SUBDIVISION CODE • TO PROVIDE FOR DIRECT REVIEW OF SHORT SUBDIVISION APPLICATIONS BY THE PLANNING COMMISSION (FILE ZO-4-77) (9:00 p.m.) Community Development Director Joe Wallis said that when the Subdivision Ordinance was adopted several years ago the provision was made that the Staff would hear short subdivision, with direct appeal to the Planning Commission. He said that in some situations the Staff does not feel comfortable hearing the short subdivisions, e.g., when the applicant is a member of the City Staff or a member of the family of City Staff, or a member of the Planning Commission, or a member of the family of a Planning Commission member. The Staff felt such applications should be heard by the Planning Commission, essentially including -the Staff in adherence to the Appea-rance"of-Fairness Doctrine. Mr. Wallis recommended.approval of this proposal. The public portion of the hearing was opened, no one wished to speak, and the public portion was closed. A MOTION WAS MADE BY COUNCILMAN CARNS, TO ADOPT ORDINANCE 1930, PURSUANT TO P.C. RESOLUTION 557. ..MOTION CARRIED. Councilman Nordquist was not present for the vote. DISCUSSION OF PLANNING PROCESS FROM COUNCIL/STAFF RETREAT - MID-TERM GOALS (9:03 p.m.) The Council reviewed the mid-term goals complied by the Staff, together with the Staff's recommendations on the roles and responsibilities for carrying on the stated goals. Suggestions and revision were made. A revised list will be distributed. The next step is for the Staff and the Mayor in his administrative role, to take the information developed and start on the rough. preliminary budget. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, TO SET THE AUGUST 30 WORK MEETING FOR THE NEXT DISCUSSION, SUBJECT TO BE THE PRELIMINARY BUDGET, AND THAT THE AGENDA BE CLOSED FOR THAT MEETING. MOTION CARRIED. • July 19, 1977 (Continued) PROPOSED ORDINANCE LIMITING PARKING TIME ON SUNSET AVENUE (10:21 p.m.) This proposed ordinance was intended to alleviate the problems.ca.used by ferry commuters parking all day on Sunset Avenue. Driveways have been blocked,�',the.!stre'et sweeper cannot.elean the street, people living there have no parking for -guests, and beach users have no place -to park: Mayor Harrison commented that the commuters are not sharin rides because parkin is so easily available. 9 .9 Y He noted that'the'new ferry parking Tot is now open and flyers were'bei'ng placed on'the windshields of cars parked on Sunset asking those drivers,to use the parking lot. Although -the -problem was recognized by the Council, there -was also concern expressed about limiting parking to the residents of Sunset Avenue, some of which have no off -'street parking. None of the residents were, present and MOTION: it was felt they should be no and given the opportunity to express their views. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN GOULD, TO CONTINUE THE DISCUSSION OF THIS PROPOSED ORDINANCE TO AUGUST 2 `AND TO'NOTIFY THE RESIDENTS OF SUNSET AVENUE OF THIS ITEM. MOTION CARRIED. ,There was no further business to come before the Council, and the meeting 'adjourned to Executive Session at 10:35 p.m. IRENE VARNEY MORAN, C y Clerk H. H. HARRISON,,Mayor July 26, 1977 The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Councilman John Nordquist in the Council,Chambers of the:Edmonds Civic Center. A11_ present joined in the flag MOTION: salute. In the absence of the Mayor and of•the Mayor Pro tem, A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT COUNCILMAN NORDQUIST, AS THE SENIOR COUNCILMAN PRESENT, BE APPOINTED MAYOR PRO TEM FOR THIS MEETING. MOTION CARRIED. PRESENT ABSENT STAFF -PRESENT John Nordquist Harve Harrison, Mayor Leif Larson, Public Works Director - Ray Gould Phil Clement Max Gellert Joe -Wallis, Community Development Dir. Irene Varney Moran, City Clerk Robert Anderson Jack,Weinz, Acting Fire Chief Tom Carns John Wallace, City Attorney Mike Herb Wayne Tanaka, City Attorney Jackie Parrett, Deputy.City Clerk CONSENT AGENDA (7:31 p.m.) Councilman Carns asked that Item (B),.Minutes of July 19, 1977, be removed from the Consent Agenda. Mayor Pro Tem John Nordquist asked that Item (D),Approval of Final Plat - "Woodlake,Park,." be removed., Councilman Herb asked that Item (F), setting date for hearing of preliminary plat- "Cassell MOTION: Addition," be removed. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED B'Y COUNCILMAN ANDERSON, THAT THE BALANCE OF THE CONSENT AGENDA BE APPROVED. MOTION CARRIED. The balance of the Consent Agenda contained the following: • (A) Roll call. (B) Authorization for Mayor to release easement -'plat of "The Commons." (C) Setting August 16, 1977, for hearing of ordinance adopting Comprehensive Plan and Map. APPROVAL"_:OF%MINUTES,.OF JULY 19,r:1977 (Item (B) on Consent Agenda) Councilman Carns noted that a correction should be made to the Minutes in that on page 1, the fourth line of the last paragraph, the sentence should read: ". . .,he was hired to do a job, not to watch MOTION:. the clock, rather than, and to watch the clock, A MOTION WAS MADE BY COUNCILMAN ANOERSON, SECONDED BY COUNCILMAN'`CARNS;STO"APPROVE THE MINUTES�AS CORRECTED. MOTION CARRIED. APPROVAL..OF FINAL PLAT - "WOODLAKE PARK" (Item (D) on Consent Agenda) The developer had asked that this item be postponed so that in the event there were -any questions he could be present to answer them. Public Works Director Leif Larson said.he saw no problems, however. MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, TO APPROVE THE FINAL PLAT OF "WOODLAKE PARK. MOTION CARRIED, WITH COUNCILMAN GOULD ABSTAINING BECAUSE HE DID NOT HAVE ENOUGH INFORMATION ON WHICH TO VOTE. SET DATE FOR HEARING OF PRELIMINARY -PLAT - "CASSELL ADDITION (FILE P=3-77) (Item- (F), on Consent Agenda) Councilman Herb noted that the recommended date for this hearing was August 16, but that the developer would prefer it be sooner. There had already been some delay in getting this before the Planning Commission. Community Development Director Joe Wallis explained -that the newspaper had omitted it so the Planning Commission hearing was postponed because it had not been properly published. He said this will be a fairly straightforward subdivision and he saw no problem in having the hearing August 2. MOTION: A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN ANDERSON, THAT AUGUST 2 BE SET FOR THE HEARING OF PRELIMINARY PLAT-"CASSELL ADDITION." MOTION CARRIED.