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19770927 City Council Minutesi26 MOTION: MOTION A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, TO AUTHORIZE THE MAYOR • TO SIGN THE INTERGOVERNMENTAL AGREEMENT FOR THE REHABILITATION OF LAKE BALLINGER, AT A COST TO EDMONDS OF $13,440 AND AN ANNUAL MAINTENANCE COST OF $1;785, FUNDS TO COME FROM THE WATERJSEWER, FUND FOR THE INITIAL PAYMENT AND THE MAINTENANCE COSTS TO COME FROM THE STREET FUND. MOTION CARRIED. Councilman Gould expressed hi.s very strong feelings in favor of this program. Councilman Nordquis.t commented that this is a five -party contract and he was somewhat concerned that all the parties might not continue with the maintenance portion of it. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 9:47 p.m. IRENE VARNEY MORAN ity Clerk H. H. HARRISON 1 September 27, 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 STAFF PRESENT Harve Harrison, Mayor Leif Larson, Public IWorks Director • Ray Gould Joe Wallis, Community Development Director Phil Clement Mary Lou Block, Planning Technician Max Gellert Marlo Foster, Police Chief John Nordquist Irene Varney Moran, City Clerk Robert Anderson Lila Crosby, Finance Director Tom Carns Jack Cooper, Fire Chief Mike Herb John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Councilman Carns asked that Item 1(D), Authorization to Call for Bids on Public Works and Police Units, be removed from the Consent Agenda. Mayor Harrison noted that an additional unit had been added to the list per memorandum of September 27 from the Public Works Director. Councilman Gellert asked that Item 1(C), Acknowledgment of Receipt of Claim for Damages from Raymond Baldwin, be removed. Councilman Herb asked that Item 1(F), Proposed Ordinance Levying 1978 P.r-operty Taxes, be removed. Councilman Herb also noted that,.regarding Item 12, Application for'Cabaret Dance License from Edmonds West Tavern, the memorandum explains the request.and it was only for a sixty-day period. He felt it should go on the Consent Agenda. COUNCILMAN HERB THEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT ITEM 12 BE PLACED ON THE CONSENT AGENDA, AND THAT ITEM 9, HEARING ON DESIGN REVIEW OF "PARK -MERE WEST," BE STRICKEN FROM THE AGENDA AT THE REQUEST OF THE APPLICANT. MOTION CARRIED. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, (A) Roll call. (B) Approval of Minutes of September 20, 1977. (E) Authorization to call for bids on the demolition and removal of 300,000 • gallon water tank located at 9th and Main Streets. (G) Approval of application for Cabaret Dance License from Edmonds West Tavern. ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM RAYMOND BALDWIN (Item (C) on Consent Agenda) Councilman Gellert noted that this was the third claim from Mr. Baldwin because of a sewer back-up and asked why the City had not found the problem. Public Works Director Leif Larson responded that there is a critical grade at that location and debris, was in the main at the lateral. He MOTION: said the situation is being remedied and he hoped it would not occur again. A MOTION WAS MADE BY COUNCILMAN CARNS,. SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS ON PUBLIC WORKS AND POLICE UNITS (Item (D) on Consent Agenda) Councilman Carns asked what the procedure was -in calling for bids on excess vehicles. Public MOTION: Works Director Leif Larson explained the process. A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. PROPOSED ORDINANCE LEVYING 1978 PROPERTY TAXES (Item (F) on Consent Agenda) Councilman Herb inquired regarding the significance of this ordinance. City Attorney John Wallace said that a certified copy of the annual tax levy must be filed with the County Commissioners 90 days in advance of the fiscal year. Inasmuch as the Assessor's Office does not supply figures until after the filing date, the ordinance may have to be amended upon MOTION: receipt of those figures. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN CARNS, TO ADOPT ORDINANCE 1948 LEVYING 1978 PROPERTY TAXES. MOTION CARRIED. u 127 • September 27, 1977 COUNCIL Councilman Nordquist noted, in following up on his inquiry last week regarding increased insurance on the Senior Center, that there was'a letter from the County Grants Commission regarding the bonding and insurance on the equipment in the Senior Center Building. Councilman Nordquist also inquired of the Finance Director as to letters she had sent to potential insurance agencies which may be interested in handling the City's insurance business. Finance.Director Lila Crosby said she would be interviewing five agencies and Councilman '.Nordquist asked to sit in on the.interviews. Councilman Gould commented on the recently printed City of Edmonds Director of Services and Infor- mation, saying he would like to compliment the members of the Staff who put it together. He.asked that copies be distributed to this evening's audience and felt this would be an excellent communi- cation to the City residents from the City Council. He further suggested that a copy be mailed to MOTION: each household with the utility.bill. A MOTION WAS THEN MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, THAT THE CITY COUNCIL AUTHORIZE THE PRINTING OF 10,000 DIRECTORY BROCHURES FOR DISTRIBUTION. MOTION CARRIED. Councilman Gould called attention again to the condition of 88th Street, north of 196th Street, noting that it is a recently paved street that has no center line and is sinking in places. Public Works Director Leif Larson said the City would follow up on it and that there should be a maintenance bond on it. Councilman Gould also commented that there may be people who would be willing to put up the money to improve their streets if they did not have to pay for undergrounding, sewers and drain fields as well. He thought the Council may be'able to generate some kind of MOTION: solution to such situations. A MOTION WAS THEREFORE MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, TO SET ON THE NOVEMBER 8 AGENDA, A DISCUSSION OF L.I.D.'s FOR STREET IMPROVEMENTS. MOTION CARRIED. Councilman Gould requested that each Councilman receive a list of properties that are owned, by the City of Edmonds, including properties within and without the City: He also requested that estimated values of the properties be provided if possible. Councilman Gellert advised he would be absent from the October 11 meeting in addition to being absent from the October 4 meeting. Councilman Gellert then noted that he had read that Lynnwood had received a Class 4 fire rating from the rating bureau, and he asked why Edmonds still had a Class 5 rating. Fire Chief Jack Cooper responded that Edmonds is in the same category as the surrounding area --the county, and that Class 5 is average. He said a request has been made for a survey, but that it may be six months or more before it.is accomplished. Councilman Carns asked the status of the fire fighters' contract. Mayor Harrison said he thought it was still being typed. Councilman Carns asked that it be ready by next week or that the Council be notified when it will be ready. Councilman Herb commented that the Planning Commission may be recommending a one-year moratorium on construction of apartment houses and noted that in a New York suit, such action had been found un- constitutional. Councilman Gellert also commented on a suit in Palo Alto, wherein the property owners had to be reimbursed when the density zoning was reduced. Councilman Herb suggested that the material furnished the Councilmen in their weekly packets also be furnished to the library to have available to interested citizens who wish to review the items on the upcoming agenda. There was general agreement that this was a good suggestion, and it will be imple- mented. Councilman Herb also thought a break during each meeting would be a good idea and.that any questions members of the audience might have that were not fully answered during the meeting could be taken to the Staff or an individual 'Councilman during that period for further clarification. It was commented that any questions should be addressed to the Staff, rather than Councilmen. No action was taken regarding scheduling a break during each meeting. Councilman Herb further suggested that there should be a substantial pay raise for the three new Council members to be elected in November. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GOULD, TO SET FOR DISCUSSION ON OCTOBER 25 THE SUBJECT OF PAY RAISES FOR THE THREE NEWLY FILLED COUNCIL POSITIONS. MOTION CARRIED. • MAYOR Mayor Harrison requested the Council's confirmation of the appointment of -Charles Dibble to the position of Mayor's Administrative Assistant. Mayor Harrison said 170 applications for the position had been received. These were screened to 25, and the 25 were sent questionnaires to complete. They were then given oral interviews and their references were checked. Mayor Harrison reviewed Mr. Dibble's background. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, TO CONFIRM THE MAYOR'S APPOINTMENT OF CHARLES DIBBLE TO THE POSITION OF MAYOR'S ADMINISTRATIVE ASSISTANT. Mayor Harrison added that the starting salary would be $26,000 per year and that Mr. Dibble would start on October 18. Councilman Gould commented that the.process of selection had been very complicated and that he was delighted to see the caliber of people who applied for the position. He felt the people of Edmonds would benefit from having this gentleman on the Staff. Councilman Nordquist said he would abstain from the vote because he had been out of town when the Council interviewed the top three applicants. THE MOTION THEN CARRIED, WITH COUNCILMAN NORDQUIST ABSTAINING. MOTION: A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE SALARY ORDINANCE TO SPECIFY THE SALARY OF THE MAYOR'S ADMINISTRATIVE.ASSISTANT AS $26,000 PER YEAR. MOTION CARRIED. Mayor Harrison said the grade of the position will continue'to be E=14. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GELLERT, TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION TO TRANSFER FROM THE COUNCIL CONTINGENCY FUND TO THE GENERAL FUND THE SUM OF $1,000 TO'AID IN MOVING CHARLES DIBBLE TO THE EDMONDS AREA. MOTION CARRIED. Mayor Harrison said an application had been made for a Class E liquor license (beer by the bottle or package --off premises) by Sea Charters &.Rentals of 438 Admiral Way. They sell fishing tackle to boaters and would like to provide beer also. The Police Chief had recommended approval. There was concern expressed by several Councilmen regarding selling beer to people to take out on the sometimes dangerous waters of Puget Sound. Police Chief Foster commented that it was normal and customary for boaters to have beer with them, but Councilman Carns felt that would be making the availability too easy -and Councilman Gellert said he would be opposed to it if it were to set a • precedent. 128 Councilman Gellert said it was the activity and location, not the applicant, to which he was • MOTION: opposed. A MOTION WAS THEN MADE BY COUNCILMAN HERB TO APPROVE THE CLASS E LIQUOR LICENSE (Failed) FOR SEA CHARTERS & RENTALS. COUNCILMAN GOULD SECONDED THE MOTION IN ORDER TO TAKE A VOTE, BUT STATED HE WAS AGAINST IT. THE VOTE WAS TAKEN., WITH•COUNCILMAN HERB VOTING YES AND THE OTHER COUNCILMENT VOTING NO. MOTION FAILED. Mayor Harrison read a proclamation honoring the Snohomish County Public Transportation Benefit Area during the week of October 3 through October 9. Mayor Harrison had correspondence from Joe Wermus, Chairman of the Edmonds Elementary School Citizens' Committee, asking for an opportunity for the Committee to report its findings to the Council and suggesti.ng,October 11. The meeting for that.evening is a work meeting with a MOTION: closed agenda, so A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, THAT OCTOBER 18 BE.SET FOR A REPORT FROM THE EDMONDS ELEMENTARY SCHOOL CITIZENS' COMMITTEE. MOTION CARRIED. Councilman Gellert requested a tour of the facility,and the Buildings and Grounds Superintendent Don Burton said he•could take the Councilmen on a tour of the facility at their convenience. AUDIENCE Steve Peterson of 7904 206th P1. S.W. had a complaint regarding a drainage problem. He felt the Building Department had not enforced the Code by not requiring the builder to correct the problem. He detailed his complaint, after which Councilman Anderson asked for further infor- MOTION: mation from the Community Development Department and the City Attorney, and A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, TO CONTINUE THIS ITEM TO OCTOBER 4. MOTION CARRIED. Councilman Clement arrived during the above discussion at 8:40 p.m. He had not been present during the earlier votes. PROPOSED RESOLUTION OF COMMENDATION AND PRESENTATION OF AMENITIES DESIGN BOARD AWARDS • Mayor Harrison made presentations to six recipients of the first annual Amenities Design Board Awards of Excellence. The award winners were chosen from approximately 200 projects reviewed by the Amenities Design Board over a period of 1r1/2 years. The awards were presented for - significant contribution to the urban design of the City of Edmonds. Awards for commercial buildings were given to the Totem House Fish & Chips, owned by Gary Card; Bennett Box for his law office; and the Pizza Hut, represented by Tom Dillon. Awards for signs were given to the Edmonds Garden Center, owned by Jack and Shirley North; and to Edmonds Auto Parts, owned by Greg Ouelette. Muryl Medina received an award for a duplex she built and which was designed MOTION: by Roger Newell. Following the presentation of awards, A MOTION WAS MADY BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, TO PASS RESOLUTION 380 COMMENDING THE ABOVE RECIPIENTS OF AWARDS FOR HAVING DEMONSTRATED EXEMPLARY URBAN DESIGN DEVELOPMENT BY CONTRIBUTING POSITIVELY TO THE QUALITY OF EDMONDS' MAN-MADE ENVIRONMENT. MOTION CARRIED. Councilman Carns commended the Amenities Design Board and Planning Technician Mary Lou Block for encouraging people to do quality work. HEARING ON P.C. RESOLUTION 567, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO OFFICIAL STREET MAP TO VACATE EXCESS RIGHT-OF-WAY ON 80TH AVENUE W., BETWEEN 212TH S.W. AND 207TH PL. S.W. (FILE ST-8-77) Public Works Director Leif Larson said the Official Street Map had already been modified and this was just a matter of vacating. City Attorney John Wallace said the action required this evening MOTION: was to set a hearing date. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GELLERT, TO PASS RESOLUTION 381, SETTING OCTOBER 25 FOR A HEARING DATE ON THE PROPOSED VACATION OF EXCESS RIGHT-OF-WAY ON 80TH AVENUE WEST, BETWEEN 212TH S.W. AND 207TH PL. S.W. MOTION CARRIED. HEARING ON P.C. RESOLUTION 569, RECOMMENDING DENIAL OF PROPOSED AMENDMENT TO ZONING CODE TO PERMIT A CERTAIN PERCENTAGE OF THE PARKING SPACES IN RM DEVELOPMENTS TO BE COMPACT SIZE (FILE ZO-6-77) Community Development Director Joe Wallis said Frank Taylor, a developer, had suggested this amendment because many cars are of subcompact or compact size and do not need as much space as the larger cars. Mr. Wallis said a survey taken in the City showed 25% of the cars were of subcompact or smaller size. It was his recommendation that this latitude be given to the developer as all trends seem to indicate automobiles are getting smaller and will continue to get smaller. It was Mr. Wallis' recommendation that 25% of spaces, where there are 12 or more spaces, be allowed to be 8' x 16' and be marked for smaller cars. He said he would not recommend this, however, where parking requirements have already been reduced, e.g., senior housing developments. He also noted that, even though the developer may be given the latitude to do this, market conditions may preclude his doing it. Councilman Anderson said he had surveyed two apartment complexes in the downtown area and one, with 40 units, did not have any compact cars, and the other, with 24 units, had only one. Surveys taken by the Planning Department had also indicated that those complexes in the downtown area had few small cars, but those in the out -lying areas had high percentages of small cars. Public Works Director Leif Larson commented that the City should. think along the ideas of what can be done to direct people to save energy and resources and this would lead to that objective. The public portion of the hearing was opened. Frank Taylor of 9007 Olympic View Drive said he had initiated this because he was planning a condominium on 5th Avenue and proposed reducing the size of one of the required parking spaces. He had obtained survey information which indicated trends of high sales of smaller cars. He suggested placing all reduced parking spaces in one area and planting the saved space, thereby eliminating some paving. He felt the trend was towards smaller cars but if the trend should reverse the planted areas could be added to the parking spaces at a later date. Jim Chapman of 23321 75th Avenue West felt this would be a step in the right direction towards open space and reduced asphalt. He said he had written a letter to the City recently suggesting 1.8 spaces, instead of 2 spaces, to be required for each unit. He commented that although it may be true that older people have larger cars, he thought that might be a generational thing, and that as younger people who are driving smaller cars get older they will continue to drive smaller cars. He urged adoption of this proposal. The public portion of the hearing was then closed. September 27, 1977 129 • A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT, THAT THE CITY ATTORNEY BE MOTION: INSTRUCTED TO DRAFT AN ORDINANCE AMENDING THE CODE TO PERMIT REDUCED PARKING REQUIREMENTS FOR MULTIPLE DWELLING SITES CONTAINING 13 OR MORE PARKING SPACES, ALLOWING 25% OF THE SPACES FOR COMPACT -CARS, PROVIDED THAT THE SPACE SAVED BE USED FOR LANDSCAPING AND BE AVAILABLE FOR ADDIIIONAL PARKING IN THE EVENT IT IS REQUIRED IN THE FUTURE AND, PROVIDED FURTHER, THAT THIS 25% COMPACT CAR ALLOWANCE BE APPLICABLE ONLY TO THOSE APARTMENTS WHICH HAVE`THE STANDARD PARKING REQUIREMENTS, RATHER THAN REDUCED PARKING REQUIREMENTS. MOTION CARRIED. RECONSIDERATION OF DOCES CONTRACT REZONE ORDINANCE Councilman Carns excused himself from this discussion because of a possible conflict of interest. Community Development Director Joe"Wallis said this was being heard because of a motion of August 23 to continue until a full -Council would be present. He said notification had been given to those residents of the Ballinger area who had indicated an interest. Councilman Gellert advised that he had voted against this previously, but had discussed it with the residents of the area and had now MOTION: changed his mind and would vote in favor of it. A MOTION -WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GOULD, TO ADOPT ORDINANCE 1949, PURSUANT TO P.C. RESOLUTION 565, TO CONTRACT REZONE CERTAIN PROPERTY LOCATED BETWEEN 240TH S.W. AND 242ND S.W., EAST OF THE DOCES WAREHOUSE, FROM RS-8 TO RD. MOTION CARRIED, WITH COUNCILMAN NORDQUIST VOTING NO. Councilman Carns returned to the rostrum. PROPOSAL FOR URBAN DESIGN STUDY IN CONJUNCTION WITH UNIVERSITY OF WASHINGTON Community Development Director Joe Wallis -said he had received a request from Jim Waymire to postpone this discussion until the proposal is in a more finished and structured form. He said the University of Washington is very interested in doing this study, the proposal being to look at those things that make Edmonds unique and to try to identify them and try to retain them in an area that is urbanizing very quickly. The information will be provided to other cities in a similar situation. Mr. Wallis said he -expected a document from this that. the Amenities Design Board can use in its review process. • He will request another agenda date when the presentation is ready. PROPOSED STREET TREE ORDINANCE MOTION: 1 1 F� Public Works Director Leif.Larson said this had been under evaluation for three years, noting that controls and guidelines Were necessary for the future. An immediate question which arose was whether another committee was needed, the proposed ordinance establishing a Municipal Tree Advisory Board. There was a general feeling that another board was not needed. There was also a question of enforcement of certain sections. The point arose as to whether applications should be permitted by telephone inasmuch as fees were involved, but Mr. Larson responded that some applications would not require fees. The proposal was discussed at length, after which the public discussion was opened, no one wished to speak, and the public portion was closed. A MOTION WAS THEN MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GELLERT, TO INSTRUCT THE CITY ATTORNEY TO REDRAFT THE PROPOSED STREET TREE ORDINANCE, FOR PLACEMENT ON THE CONSENT AGENDA, WITH THE FOLLOWING CHANGES: DELETE ALL OF SECTION 3, SECTION 4 THEN BECOMING SECTION 3; ON PAGE 5, PARAGRAPH 2.A., FOURTH LINE, PLACE A PERIOD AFTER THE WORD; "BOARD", AND ELIMINATE THE REST OF THE PARAGRAPH REFERRING TO THE MUNICIPAL TREE.ADVISORY BOARD. COUNCILMAN HERB MOVED TO AMEND THE MAIN MOTION BY AMENDING PARAGRAPH 2.A. OF THE OLD SECTION.6 TO ELIMINATE THE WORDS, "SPRAY, FERTILIZE, PRESERVE, PRUNE" SO -THE SENTENCE READS: "NO PERSON SHALL CUT ABOVE GROUND OR ." COUNCILMAN GELLERT SECONDED THE MOTION TO AMEND. MOTION TO AMEND CARRIED, WITH COUNCILMAN CARNS VOTING NO. A FURTHER MOTION TO AMEND WAS MADE BY COUNCILMAN.-GOULD, SECONDED BY COUNCILMAN HERB; TO DELETE SECTION 7. A ROLL CALL VOTE WAS TAKEN ON THIS AMENDMENT, WITH COUNCILMAN GOULD, CARNS, AND HERB VOTING YES, AND COUNCILMEN CLEMENT, GELLERT, NORDQUIST, AND ANDERSON VOTING NO. MOTION TO AMEND FAILED. Councilman Carns then stated that there had not been sufficient evidence given the Council that such an ordinance as this is necessary, and he felt there would be only selective enforcement, so he would vote against the motion. A ROLL CALL VOTE WAS THEN TAKEN ON THE MAIN MOTION, WITH COUNCILMEN CLEMENT, GELLERT, NORDQUIST, AND ANDERSON VOTING YES, AND COUNCILMEN GOULD, CARNS, AND HERB VOTING NO. MOTION CARRIED. There was no further business.to come before -.the Council, and the meeting was adjourned at 10:00 p.m. itemi _Z/�� 'P." 22:0�� IRENE VARNEY MORAN, Ci Clerk October 4, 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 Ray Gould Leif Larson, Public Works Director Phil Clement Max Gellert Joe Wallis, Community Development Dir. John Nordquist Jack Cooper, Fire Chief Robert Anderson John Wallace, City Attorney Tom Carns Wayne Tanaka, City Attorney Mike Herb