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:
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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.
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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.
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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
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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
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