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19780912 City Council Minutes270. September 5, 1978 - continued TO REVIEW P.C. RESOLUTION 600 AND THAT PARTICIPATION BE INVITED FROM THE SHORELINE MANAGEMENT ADVISORY COMMITTEE, THE PROPERTY OWNERS IN THE CW ZONE, THE PLANNING COMMISSION, THE PORT OF EDMONDS, AND THE CITY STAFF, AND THAT COMMENTS IN WRITING BE INVITED FROM ALL THE PARTIES SO THE COUNCIL CAN REVIEW THEM BEFORE THE MEETING; FURTHER, THAT THIS PUBLIC HEARING BE CONTINUED TO OCTOBER 24, 1978, AND THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE A RESOLUTION FOR NEXT WEEK'S MEETING TO EXTEND THE BUILDING MORATORIUM IN THE CW ZONE UNTIL OCTOBER 31, 1978. MOTION CARRIED. Councilman Gould said he would like to suggest to John McGibbon, Chairman of the Planning Commission, that he take the information he heard this evening back to the Planning Commission. It was agreed that all written comments would be submitted to the Council through the Planning Department. HEARING ON REQUEST FOR TWO-HOUR PARKING LIMITATION IN VICINITY OF DAYTON ST.,3RD AVE. S., AND 4TH AVE. S. City Engineer Fred Herzberg displayed a map which reflected areas already having the two-hour parking limitation and those included in this proposal., 'This matter had come to the Council at the request of an Edmonds property owner in this area. The public portion of the hearing was MOTION: opened, no one wished to speak, and the public portion was closed. COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT ORDINANCE 2021 BE ADOPTED, IMPOSING TWO-HOUR PARKING ON PORTIONS OF DAYTON ST. AND 3RD AVE. FROM 8:00 A.M. TO 6:00 P.M. EXCEPT FOR SUNDAYS AND HOLIDAYS. MOTION CARRIED. REPORT FROM POLICE CHIEF RE LATE PAYMENT OF TRAFFIC'VIOLATION BAIL Police Chief Marlo Foster explained the current method of collecting bail. After seven days.a courtesy notice is sent which indicates appearance is required within seven days. After 14 days a notice is sent to the State that the party failed to appear. The driver's license is flagged so when the renewal is sent out a notification is also sent that the license will not be renewed until the bail is cleared. If the violation has a bail of $50 or more a bench warrant • is issued with an additional $25 charge. Therefore, the problem lies with those violations of less than $50. Chief Foster said the City could pass an ordinance making failure to appear a separate criminal violation; warrants could be issued on all failures to appear; or the court could establish a sliding bail scale to accelerate after seven days.. Chief Foster did not have a specific recommendation because he said they were investigating which would be the easiest to administer and to be sure of the legality.of the recommendation. He said there are approximately 300 failure to appear violations in the City currently, with a face value of about $7,000. Judge Richard Thorpe was in the audience and he said that the number of traffic violations under $50 is in the hundreds and the paperwork involved in writing up bench warrants on all of them was impeding the Staff from getting their work done, and he was not convinced they were doing much good so he stopped using bench warrants for smaller traffic violations. Councilman Carns said he would like people to know that if they get a traffic ticket and do not pay it or appear in a specified period they will be penalized. City Attorney Wayne Tanaka suggested an ordinance authori°zing the court to set a bail schedule which would increase the bail for nonappearance. MOTION: Judge Thorpe said he would have no objection to such an ordinance. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE FOR THE SEPTEMBER 19, 1978 CONSENT AGENDA, AUTHORIZING THE MUNICIPAL COURT TO INCREASE THE BAIL FOR PEOPLE WHO FAIL TO APPEAR WITHIN A REASONABLE PERIOD OF TIME. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 10:30 p.m. ell 'IRENE VARNEY MORAN City Clerk HARVE H. HARRISON, Mayor September 12, 1978 - WORK MEETING The regular meeting of the Edmonds City Council was called to order at 7:45 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 Larry Naughten Charles Dibble, M.A.A. Mike Herb Leif Larson, Public Works Director Phil Clement John LaTourelle, Community Develop. Dir. Katherine Allen Fred Herzberg, City Engineer John Nordquist Irene Varney Moran, City Clerk Ray Gould Jack Cooper, Fire Chief Tom Carns Rod Garretson, Athletic Proj. Coordinator Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: • • 2 1 _t • September 12, 1978 - continued (A) Roll call. (B) Approval of Minutes of. September 5, 1978. (C) Acceptance of Quit Claim Deed in conjunction with short subdivision - Marjorie Rieck (S-28-78). (D) Report on bids opened September 7, 1978 for Senior Center kitchen project, awarding bid to J & F Industries, Inc., at a bid of $24,614.10 including sales.tax. (E) Passage of Resolution 413 to extend the moratorium on issuance of building permits in the CW zone south of Main St. until October 31, 1978. COUNCIL Councilman Nordquist introduced members of Boy Scout Troop 321 who were visiting to familiarize themselves with City government. r Councilman Carns referred to the Police Department reorganization which was approved on August 15. He said he recently realized that there was actually a net reduction of uniformed persons in the Police Department as a result of that action which he felt was inconsistent with efforts on the parts of some Councilmen to increase the department, so he suggested reconsideration of that action. M.A.A. Dibble pointed out that as a result of the reorganization administration costs were reduced but another person was added to patrol. Mayor Harrison suggested that the operation be monitored until the next budget session. n U 1 Councilman Clement inquired about a letter from the -Mayor of Woodway regarding a new subdivision's hooking into the Edmonds sewer system. It was agreed that there would be no objection entering * into a building*and maintenance contract for this, but that it would not be done without charge. MOTION: COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN GOULD, TO RESCHEDUL-E THE OCTOBER 31 WORK MEETING TO MONDAY, OCTOBER 30. There was general agreement from most of the Council that Monday would be a more satisfactory meeting night than Halloween. Councilman Gould noted that Boards and Commissions should be notified because of their report scheduled for that meeting. MOTION CARRIED, WITH COUNCILMAN CARNS VOTING NO. MAYOR Mayor Harrison announced the quarterly meeting of the Association of Snohomish County Cities and Towns, to be held September 28, 1978 at the Silver King Cafe in Snohomish, with County Commissioner Jim Haines as the speaker. Those interested in attending were asked to notify the.Mayor's secretary. Mayor Harrison said he had been asked to look at a problem recently at the Brookview Plat. At the hearings on the plat the existing ravine was an issue and the plat was approved with the retention of the ravine. However, in developing the road the little ravine has become an open ditch that is bordered by dirt, and it is hazardous for children because of its steepness and is an eyesore. The road is slipping at the shoulders. Mayor Harrioon said the ravine will become a maintenance problem if it remains. It has presented a problem to the builder because his houses must have.a certain setback. Mayor Harrison said he was in agreement with the people who have,.appealed to change the plat and he thought the Engineering Department also agreed. He said this matter had been referred to the Planning Commission and he wanted to alert the Council as to the problem. The Public Works Director had written a memorandum on the alternative courses of action which had been indorsed by Community Development Director John LaTourelle who stated that the City Attorney advised the proposed amendment would have to be heard by the Planning Commission. Mr. LaTourelle stated that this has been an ongoing problem and after looking at it again the Engineering Department and Community Development Department had tentatively agreed to extend the fill, but the City Attorney advised it must go before the Planning Commission. Jerry Lovell of Lovell-Sauerland and Associates, engineers for the develop- ment, said they had appealed to the Planning Department to reschedule the matter for reconsideration by the Council, but they had not understood why it had to go to the Planning Commission. He pointed out that the Planning Commission had recommended filling the ravine and it was the Council that made the decision otherwise. City Attorney Wayne Tanaka responded that because this had been one of the major controversies in the plat it was their opinion that the public should be given another opportunity to present its view in order that there would be no question of appearance of fairness. Councilman Clement pointed out the Frank Leifer, the developer, that the appearance of fairness was just as important as actual fairness and that while the Council was sympathetic to his problem they may be. doing him a disservice if some interested party took issue with the filling of the ravine. Councilman Carns said he did not recall any public testimony on the filling of the ravine and he recalled it all having been on the part of the Planning Department. Mr. Leifer said he had spoken to neighbors in the area and they all were in favor of filling the ravine because it is a hazard and is unsightly. With him was a Mrs. Davis who has the first house being built in the development and she expressed concern for her small children because of the steep ditch which has a small creek at the bottom. She asked that it be filled. The matter was already scheduled for Planning Commission hearing on September 27 and Council hearing on October 3 so there was no further discussion. CONSIDERATION OF FAIR HOUSING COMMISSION Jean Thompson, Chairman of the Fair Housing Commission, said they had not met since they were appointed three years ago as no problem requiring them had been brought to their attention in that time. Mayor Harrison felt it was good that there had been no need for the Commission and he explained that the Council was considering abolishing the Commission and considering any problem itself should a problem arise. Mrs. Thompson said that in Seattle if.any problems are not resolved by the city staff hearings are held by HUD to resolve them. Discussion followed as to whether the scope of the Commission should be--exp'anded to aid in establishing ways to have housing for all kinds of people who live in the_, City and as to whether -the Council should take on the responsibilities instead of a separate commission. MOTION: Following the discussion, A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, THAT THE CITY COUNCIL BE DECLARED TO BE THE FAIR HOUSING COMMISSION AND SO ACT IN ANY MATTERS HAVING TO DO WITH FAIR HOUSING ORDINANCES ENACTED BY THE CITY, AND THAT THE CITY ATTORNEY DRAFT WHATEVER ORDINANCE • * "building" corrected to "billing" in September 26 Minutes. 2.71 2 September 12, 1978 - continued • IS NECESSARY TO ACCOMPLISH THIS AND TO REMOVE CURRENTLY ASSIGNED MEMBERS FROM THE FAIR HOUSING COMMISSION. Councilman Clement suggested that the.Staff could act as an advocate for a party and even bring a case to the Council without the party having to be present. Councilwoman Allen said the people in Edmonds generally are not even aware that the City has a Fair Housing Com- mittee, and Councilman Gould added that the Commission has not been able to function and there was enough evidence that the Council should take it on, themselves. THE MOTION THEN CARRIED. MOTION: COUNCILMAN CLEMENT THEN MOVED, SECONDED BY COUNCILMAN CARNS, THAT IN DRAFTING THE ORDINANCE ESTABLISHING THE CITY COUNCIL AS THE FAIR HOUSING COMMISSION THE CITY COMMUNITY DEVELOPMENT STAFF BE CONSIDERED AS THE FIRST STEP IN A GRIEVANCE PROCEDURE AND THE COMMUNITY DEVELOPMENT STAFF PRESENT THE ARGUMENT AS AN ADVOCATE FOR THE COMPLAINANT TO THE COUNCIL. MOTION CARRIED. MOTION: COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILMAN CARNS, TO PLACE ON THE NOVEMBER 14, 1978 AGENDA A REVIEW OF THE ORDINANCES PERTAINING TO THE FAIR HOUSING COMMISSION. MOTION CARRIED. REVIEW OF TRAFFIC CONTROL SIGNING IN DOWNTOWN AREA MOTION: MOTION: MOTION: City Engineer Fred Herzberg illustrated that there are a lot of parking stalls in the downtown area that are too close to stop signs. Review has indicated there are 12 stop signs too close to the intersections. By relocating the signs and remarking the parking stalls to conform to State laws 11 marked parking stalls would be eliminated. Mr. Herzberg felt the Council should be aware of this because of the pressure on downtown parking. He said the costs of resigning would be about $1,600. COUNCILMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO ACCEPT AND IMPLEMENT THE REPORT. MOTION CARRIED, WITH COUNCILMAN CARNS VOTING NO. REVIEW OF LENGTHS OF TERMS FOR BOARDS AND COMMISSIONS M.A.A. Charles Dibble had prepared an analysis of current lengths of terms, numbers of members, and attendance for the various boards and commissions, together with recommendations for changes which would improve the effectiveness of the various boards and commissions. He recommended two-year terms for all appointed bodies, terms to begin no less than three months after a new Council is seated. He suggested five -member bodies, and if that was not acceptable, a maximum of seven. He recommended automatic vacation of the position after a specified number of absences. During the discussion he elaborated on these recommendations. It was pointed out that some members had served several terms and there are many people in the community who would like to serve but it takes a long time to get openings. It was noted that continuity is important, but so are new ideas. Community Development Director John LaTourelle said he would like to see a reasonably high level of attendance and mandatory removal if it .is not maintained. He felt a minority of the people on boards who are conscientious often bear most of the responsibility. He also felt that unless removal action is automatic the person with poor attendance would never be removed. After discussion of the various possibilities, A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE PROVIDING: IF ANY MEMBERS OF REGULARLY SCHEDULED BOARDS AND COMMISSIONS MAINTAIN MEETING ATTENDANCE OF LESS THAN 70% IN THE CALENDAR YEAR, BEGINNING IN JANUARY 1979, THEY WILL BE AUTOMATICALLY DROPPED AT THE END OF THE CALENDAR YEAR, OR IF THEY MISS THREE CONSECUTIVE MEETINGS THEY WILL BE AUTOMATICALLY DROPPED; APPOINTMENTS TO ALL BOARDS AND COMMISSIONS WILL BE FOR FOUR YEARS UNLESS STATE STATUTES DICTATE OTHERWISE; NO MORE THAN TWO FULL TERMS WILL BE ALLOWED FOR ANY BOARD OR COMMISSION MEMBER AND FOR THOSE WHO CURRENTLY HAVE NINE MEMBERS THE NEXT TWO VACAN- CIES WILL NOT BE FILLED IN ORDER TO PARE THE NUMBER DOWN TO SEVEN; AND THE MAXIMUM NUMBER OF MEMBERS OF ANY BOARD OR COMMISSION WILL BE SEVEN, BUT THOSE CURRENTLY WITH LESS THAN SEVEN MEMBERS WILL REMAIN WITH THE NUMBER OF MEMBERS THEY CURRENTLY HAVE. Councilman Gould commented that appointment to a City board or commission should not be taken lightly and if you accept the appointment you should be willing to perform. Councilman Carns said all members should receive a copy of the ordinance setting forth the above when it.is passed. THE MOTION THEN CARRIED. CITY INVOLVEMENT WITH OTHER AGENCIES TO PROVIDE BALLFIELD FACILITIES 1 1 Athletic Project Coordinator Rod Garretson reviewed his report on findings regarding the possi- • bilities and/or limitations of providing for athletic field needs of Edmonds by cooperative development and programming of facilities with other agencies. He said the Meadowdale site will be developed by the Youth Development Association with no assistance from public agencies, and he could not say whether it would be available or to what extent it might be available. He felt the Community College site offered a great deal of potential and his written report elaborated on that. He suggested that planning be started with the Public Works Department to get a cost estimate on the preparation of the Edmonds Elementary School fields and the fields at the Community College so the Council would be aware of the costs for the upcoming budget year. He added that a key element would be the maintenance of the sites once they are prepared. M.A.A. Charles Dibble noted that there may be some CETA project money available in October and the City should have some projects on paper at that time. He said there is also a drug rehabilitation group looking for this type of work at a reasonable hourly wage. Mayor Harrison noted that the largest expenditure will be for grading and providing a grader operator, and various activities were suggested by which the grading may be accomplished. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE GENERAL INTENT OF THE BALLFIELD PROGRAM AND TO PROCEED TO GATHER DATA ON COSTS. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned to Executive Session to discuss a pending litigation matter at 9:30 p.m. IRENE VARNEY MORAN, Uty Clerk HARVE H. HARRISON, Mayor •