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19771115 City Council Minutes144 November 15, 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 Charles Dibble, M.A.A. Ray Gould Leif Larson, Public Works Director Phil Clement Joe Wallis, Community Development Director Max Gellert Lila Crosby, Finance Director John Nordquist Marlo Foster, Police Chief Robert Anderson Jack Weinz, Acting Fire Chief Tom Carns John Wallace, City Attorney Mike Herb Jackie Parrett, Deputy City Clerk Mayor Harrison -announced that Item 6 was being deleted from the agenda (Appeal from P.C. Resolution 573) as a letter had been received from Gladys Tuson, the appellant,.stating she wished to rescind her appeal of the rezone. Councilman Gellert questioned whether the hearing should not be held anyway because there may be someone who was against the rezone who had not appealed because the decision already was being appealed. City Attorney John Wallace.advised that the Council was absent an appeal at this point, so the proceeding was terminated. • CONSENT AGENDA Councilman Gellert asked that the Minutes be removed from the Consent Agenda (Item B); Councilman Herb asked that Item (F) be removed; and Councilman Gould asked that Item (G) MOTION: be removed. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda con- tained the following: (A) Roll call. (C) Acknowledgement of receipt of, claim for damages from Mary Jane Searle, 1103 - 5th Ave. S., Edmonds, in the amount of $58.65. ti (D) Acceptance of Quit Claim Deed from Lois Vinyard for Maplewood Park. (E) Authorization for Mayor to release portion of utility easement at 1023 - 7th Ave. S. APPROVAL OF MINUTES OF NOVEMBER 8, 1977 - Item (A) on Consent Agenda Councilman Gellert asked that the Minutes be amended on page 3, the sixth line, ending the sentence at the comma, and inserting the following sentence: "Costs of minimum complete street improvements should be carried by the property owners and the balance of desirable MOTION: features, such as undergrounding, could be financed by City participation." COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE MINUTES OF NOVEMBER 8, 1977, AS AMENDED. MOTION CARRIED. PROPOSED RESOLUTION TRANFERRING MONIES FOR FALL CLEAN-UP PROGRAM, ELEMENTARY SCHOOL • FEASIBILITY STUDY AND APPROVAL - Item (F) on Consent Agenda Councilman Herb inquired regarding funds for the Fall Clean-up Program whether the primary activity was going to private residences. Public Works Director Leif Larson responded that the program is a benefit to the entire City because it results in less indiscriminate disposal and litter is cleaned up which eventually would end up in the streets. He also said that a number of calls had been received from elderly people asking if the clean-up program would be available this fall as it provided their only means for accomplishing some of their clean-up. He said a large number of residents look forward to this service. MOTION: COUNCILMAN HERB THEN MOVED, SECONDED BY COUNCILMAN CARNS, TO PASS RESOLUTION 384, TRANS- FERRING MONIES FOR THE FALL CLEAN-UP PROGRAM, THE ELEMENTARY SCHOOL FEASIBILITY STUDY, AND THE ELEMENTARY SCHOOL APPRAISAL. MOTION CARRIED. PROPOSED ORDINANCE INCREASING COUNCIL SALARIES - Item (G). on Consent Agenda' Councilman Gould inquired`wheth`er`the proposed ordinance would provide payment to Councilmen to attend preliminary budget meetings and budget hearings. City Attorney John Wallace responded that it would cover those meetings required by State law, therefore covering the budget hearings but not preliminary budget meetings. There were several ex- pressions from Councilmen indicating that was not their intent, that they only intended MOTION: that they should be paid for regular meetings. A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GOULD, TO AMEND THE PROPOSED ORDINANCE INCREASING COUNCIL SALARIES TO INCORPORATE THE FOLLOWING CHANGES: IN'SECTION 2, PARAGRAPH 2, THE YEAR "1977" SHOULD BE CORRECTED TO "1978" AND A PROVISION ADDED TO PROVIDE PAYMENT FOR A MAXIMUM OF FOUR • 14J November 15, 1977 continued MEETINGS PER MONTH: IN PARAGRAPH 3, ADD AT THE END A PROVISION FOR PAYMENT FOR A MAXIMUM OF FIVE MEETINGS PER MONTH; AND IN'PARAGRAPH,4,"ADD AT THE END A PROVISION FOR PAYMENT FOR MOTION: A MAXIMUM OF FIVE MEETINGS PER MONTH. MOTION CARRIED. A MOTION WAS THEN MADE BY COUNCIL- MAN CLEMENT, SECONDED BY COUNCILMAN GOULD, TO INSTRUCT THE,CITY ATTORNEY TO REDRAFT THE PROPOSED,ORDINANCE INCREASING COUNCIL SALARIES AS AMENDED ABOVE. MOTION CARRIED. ,COUNCIL Councilman Carns commented that another diver had been lost over the last weekend and he MOTION: thoughtconsideration should be given to closing the shorelines to diving. A MOTION WAS THEN MADE BY COUNCILMAN CARNS', SECONDED BY COUNCILMAN GOULD, TO SET DECEMBER 6 FOR A DISCUSSION REGARDING CONSIDERATION OF CLOSING THE EDMONDS SHORELINES TO DIVING. MOTION CARRIED. Mayor Harrison commented that the real problem has nothing to do with the Edmonds shorel 6es;thatAhese .shorelAnes..are..relati.vel.y: safe compared to some others. He said 90% of all drownings are new divers who panic on the surface and take on'water. He said the ordinance recently passed requiring a buoyancy vest would prevent such incidents: He said those who are drowning are not carrying air in their vests and when they panic they go to the bottom. It was suggested that the ordinance should be strongly enforced. The suggestion was also made that some of the experts from the diving community should be invited to the December 6 discussion. Councilman Gould had previously asked about a street name change at 8th P11. S. Building Official Harry Whitcutt had written a memo outlining the sequence of events resulting • in replacement of the street name sign which corrected the designation from 8th'P1. E. to 8th P1. S. An ordinance passed in 1969 had changed the designation but the new street sign had not been put in place until just recently when the street name pole had to be replaced. Councilman Gould was not satsified with the action taken, and he said the residents should have been notified before the street,name was changed and that he objected to having the street.sign changed eight years after the City said it was going to be done. He felt the residents should be reinformed by mail of the street name change and of the ordinance which directed it and if there are any other street name changes as a result of that ordinance those residents should also be informed. Councilman Nordquist advised that he would be unable:.to attend the preliminary budget discussion of November 21. He thanked Public Works Director Leif Larson for his res- ponse to his request regarding the Mountlake Terrace/Edmonds sewer agreement in regard to the piece of property which Mountlake Terrace is trying to sewer but not annex. He said it now appears that Lynnwood has entered the challenge and is going to the Boundary Review Board on December 15. He asked whether this piece of property actually goes through our sewer treatment plant. Mr. Larson responded that it does not:.now but it would after sewering. He said their Public Works Director indicates they feel they have a right to sewer. He said Mayor Harrison is responding with a letter to'Mountlake Terrace indicating out•.interpretati on �,of ..the_:agreement, and ,requesting they respond to this inter-_ pretation. A copy of the letter is going to the Boundary Review Board. Regarding the Quit Claim Deed from Lois Vinyard which had been on the Consent Agenda, Councilman Nordquist suggested a letter be sent over the Mayor's signature thanking her. MOTION: COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILMAN GELLERT, TO SEND A LETTER OVER THE MAYOR'S SIGNATURE TO LOIS VINYARD TO,THANK HER FOR DEEDING'.A PORTION,OF HER PROPERTY TO THE CITY FOR PARK PROPERTY. MOTION CARRIED. A -project status report from Community Development Director Joe Wallis had indicated that • the Haines Property acquisition project will never rate high enough to receive IAC funding. MOTION: COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN ANDERSON, TO PLACE ON THE NOVEMBER 22 AGENDA A DISCUSSION OF THE HAINES PROPERTY. MOTION CARRIED. MOTION: 1 Councilman Anderson commented to the Mayor that he felt the Mayor's office should do the Council the courtesy of giving them more notice of a meeting than had been given them this date for a meeting prior to the Council meeting this evening. The Council had been notified late this afternoon of a 6:30 p.m. meeting to interview the individual the Mayor had - selected to fill the position of Community Development Department Director. 'Mayor Harrison responded that this probably could have waited another week, but with Mr. Wallis' leaving he was anxious to fill the position. MAYOR Mayor Harrison said the position of Director of Community Development will be vacant and had been advertised in --"conformance with affirmative action requirements. There were 40 applicants -for the position, they were screened, and the Mayor interviewed six finalists. From the finalists the Mayor had selected Bob McAbee. Mayor Harrison listed Mr. McAbee's qualifications, and he asked the Council for confirmation of his appointment. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN.ANDERSON, THAT DISCUSSION OF THIS APPOINTMENT BE HELD IN EXECUTIVE SESSION FOLLOWING THIS EVENING'S REGULAR MEETING. 146 • MOTION: MOTION: MOTION: November 15, 1977 continued City Attorney John Wallace advised that discussion of the employment or termination of any City official could be held in Executive Session. A suggestion was made that the meeting should reconvene after the Executive,Session to take action on this matter. THE MOTION THEN CARRIED. Mayor Harrison announced that the Council would recess after Item 9 on the agenda, an Executive Session would be held, and then the Council would reconvene. Mayor Harrison introduced Bob McAbee who was in the audience. Public Works Director Leif Larson had advised the Mayor that the Cities of Edmonds and Lynnwood had been working on the street sweeping schedule in relation to effecting a 1.978. interlocal agreement. The Lynnwood City Council had authorized their Mayor to execute the interlocal agreement and to take bids for street sweeping, with a bid opening date of. November 29. The Streetsweeping Interlocal Agreement had been received and Mr. Larson said it was similar to the 1977 agreement. He suggested it be reviewed at the November 22 meeting and that following the bid opening of November 29 the recommendation for.acceptance or rejection of the Edmonds' portion of the proposal be submitted for Council consideration on December 6. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE 1978 STREET - SWEEPING INTERLOCAL AGREEMENT BE REVIEWED AT THE NOVEMBER 22 MEETING, AND THE REPORT ON BIDS FOR THE EDMONDS' PORTION BE PRESENTED AT THE DECEMBER 6 MEETING. MOTION CARRIED. Councilman Gellert expressed concern about the sweeping of sidewalks in front of vacant property as there appeared to be no provision for it. Mr. Larson responded that the City is responsible for sweeping sidewalks adjoining public property. Mayor Harrison said that in conjunction with a Building Permit application for.the area between 2nd Ave. and 3rd Ave., on James St., the applicant had agreed to dedicate a portion of the area for right-of-way, but the dedication must be accepted by the City Council before the Building Permit could be issued. Mayor Harrison recommended the dedication be accepted as proposed, and Community Development Director Joe Wallis displayed an overlay reflecting the section being dedicated. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN HERB, TO ACCEPT THE DEDICATION OF RIGHT-OF-WAY AT THIRD AND JAMES ST. AS PROPOSED. MOTION CARRIED. HEARING ON PROPOSED ORDINANCE AUTHORIZING ISSUANCE OF $1,000,000 BONDS AND PROPOSED ORDINANCE RE WATER/SEWER REFUNDING AND CONSTRUCTION BOND ISSUE Dick Kennedy, the City's financial adviser, said he had given City Attorney John Wallace' some revised pages to the ordinance previously submitted. Mr. Kennedy then reviewed the refunding procedure and Mr. Wallace noted information that should be filled in three blanks Hof the proposal. Councilman Herb asked the'.Finance Directorto furnish the Council in January with a summary of all the water/swer bond sale transactions and report on the investments held in the trust account. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO ADOPT ORDINANCE 1957, REFUNDING ORDINANCE, WITH INSERTIONS IN THE BLANKS OF THE ORDINANCE AS FOLLOWS: ON PAGE 19, INSERT IN THE BLANK THE WORDS "WATER/SEWER CONSTRUC_- TION"; ON PAGE 21, INSERT IN THE BLANK THE FIGURE "$110,140.82"; ON PAGE 4 OF -EXHIBIT B. TO THE ORDINANCE INSERT IN THE BLANK THE SAME FIGURE "$110,140.82." MOTION CARRIED. INTERIM REPORT ON EDMONDS ELEMENTARY SCHOOL STUDY Architect Larry Bailey gave a report on the Edmonds Elementary School study. He said -they are gathering information from previous reports on the school and information regarding space. needs of various departments in the City. They are also getting lists of potential users and talking with existing users of the school. He said they are also getting into the study of alternatives and they will be having a public meeting November 17 to get input regarding the various alternatives being suggested. After the public meeting they,will evaluate the different alternatives and will .finalize the report and present it to the Council in December. He said their biggest objective was to try to get some costs and figures for the various alternatives., He commented that a lot of people have expressed an interest in saving the building, not because of the landmark or historical value, but only because the facilities ,were there. He thought't was surprising that the building does not serve as a landmark or have nostalgic feelings attached to it. He said the building is in very good condition. It is,.however, on a two boiler system, one gas and one oil, and both have to be on at all times. He said they are putting together the costs of changing to a one boiler system. He noted that the demand for the facility is greater than they had anticipated and he felt if the City did purchase it, it would be used almost to its maximum. He said most of tenants are fully aware of the fact that their rents would be increased if the City took it over, because of maintenance. He said he had seen no indication that there would be objec- tion. He said the problem would not be in finding users but in prioritizing and putting requirements on the use of the building. MOTION: A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT THE COUNCIL RECESS TO.AN EXECUTIVE SESSION AND THEN RETURN AFTER DISCUSSING THE PERSONNEL MATTER. MOTION CARRIED. The Council adjourned to Executive Session at 9:00 p.m. At 9:50 p.m. the meeting reconvened. Mayor Harrison again offered for confirmation the name of Bob McAbee 1 1 1 1 1 0 147 November 15, 1977 continued MOTION for the position of Community Development Director. A MOTION WAS MADE BY COUNCILMAN (failed) GOULD, SECONDED BY COUNCILMAN HERB,',TO CONFIRM THE MAYOR'S APPOINTMENT OF BOB McABEE TO THE POSITION OF COMMUNITY DEVELOPMENT DIRECT. A ROLL"CALL VOTE WAS TAKEN, WITH COUNCIL- MEN GOULD AND HERB VOTING YES, AND COUNCILMEN CLEMENT, GELLERT, NORDQUIST, ANDERSON AND CARNS VOTING NO. MOTION FAILED. Mayor Harrison said he had outlined Mr. McAbee's quali- f:i.cations:.and:;:.n_Ythe.interest.;of,,fai:mess.'to..himsel:f.;and,,toM.the appli.cant,.,heSasked::those di.ssenting,.Councilmen'sto gi,ve..their. reasons.:.Councilman':Gel:lert-'sa'i d: he' was 16oking.4or ;.:somebody.Nwith.-,some..ar.chi:tectural and design experience and; while they -.'may not:f.ind that; that was what he was looking for. Councilman -Anderson shared that view and said he was also concerned about whether Mr. McAbee had enough experience at the kind of level of need which the City has. He noted that Mr. McAbee had broad experience in regional and inter- governmental planning, but he was concerned about his experience at the level of house -to - house and l.ot-to-lot. Councilman Carns concurred. He said he felt badly about voting against the Mayor's choice, but he would like to see a person with more background in design, }building, and parks and recreation. Councilman No rdquist felt Mr...McAbee was not strong enough in administrative leadership to take over the department. -as firmly as it should be done, and he?felt Mr. McAbee'.s work,experience was not current enough in some areas. Councilman Clement felt Mr. McAbee was lacking in the aesthetic orientations and architectural design background which this particular department needed. He said that from a community standpoint that kind of orientation is needed to maintain what the people want, All of the Councilmen stated they had nothing personally against the applicant, but they cited the areas where they felt he was lacking. Mr. McAbee thanked the Council for their consideration and for being extremely thorough. He said they were very direct and specific and knew the job =}they wanted done, and that he was sorry he was not an architect as he felt he would have had • something to offer Edmonds. He commended the Mayor and the Council on their selection procedure. The meeting then adjourned at 9:55 p.m. Ai 4Aa IRENE VARNEY MORAN., ity Clerk HARVE H. TiA R S N, Mayor November 22, 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 Charles Dibble, M.A.A. Ray Gould Leif Larson, Public Works Director Phil Clement Harry Whitcutt, Acting Community Development Director Max Gellert Dick Allen, Assistant City Engineer John Nordquist Rod Garretson, Park Planning & Recreation Director Robert Anderson Irene Varney Moran, City Clerk Tom Carns Jim Murphy, City Attorney Mike Herb Wayne Tanaka, City Attorney • Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: Councilman Herb asked to have the Minutes removed from the Consent Agenda (Item B). COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. Councilman Herb's discussion revealed he actually did not want to amend the MOTION: Minutes but wanted to amend a future agenda item, so A MOTION WAS LATER MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE MINUTES OF NOVEMBER 15, 1977. MOTION CARRIED. The approved Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of November 15, 1977. (C) Final plat approval - Cassell Addition. (D) Authorization to call for bids on 1978 liquid+ chlorine on December 15, 1977. (E) City acceptance of right-of-way deed from Elkins and Brandt on 242nd St. (F) Adoption of Ordinance 1958 increasing Council salaries. Councilman Herb requested that Item 9, discussion regarding acquisition of Haines property, be MOTION: moved up on the agenda as he had to leave the meeting early this evening. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN CARNS, THAT ITEM 9 BE MOVED AHEAD OF ITEM 7 ON THIS EVENING'S AGENDA. MOTION CARRIED. Councilman Herb asked that the agenda item set by Councilman Carns at last week's meeting regarding scuba diving on the Edmonds's shorelines be changed to a dis-