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19800129 City Council Minutes4W January 22, 1980 - continued • MOTION: hearing was closed. COUNCILMAN KASPER MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO ADOPT ORDINANCE 2114, PURSUANT TO P.C. RESOLUTION 639. MOTION CARRIED. HEARING ON LIQUOR -LICENSE APPLICATION FOR DEPOT SPRINGS' The hearing was.opened to the public. Tom Ostheller of 8211 Sierra Dr., one of-the,principals, had signed the sign-up sheet to speak but he.said he had nothing to say and only signed on advisement in. case he would want -to speak., No one else wished to speak, and the public hearing was closed. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE MAYOR BE AUTHORIZED TO SEND A LETTER TO THE LIQUOR CONTROL BOARD STATING THE CITY OF EDMONDS HAS .NO OBJECTION TO THE GRANTING OF A CLASS "H" LIQUOR.LICENSE IN LIEU OF "BCEF" TO DEPOT SPRINGS. -MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 8:40 p.m. IRENE VARNEY MORAN, Ci y- Jerk HARVE H. HA RISON, Mayor January 29, 1980.- Work Meeting The regular meeting of the Edmonds City Council was called to order at 8:05 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. Jo -Anne Childers Fred Herzberg, Public Works Director Bill Kasper John LaTourelle, Planning Consultant Katherine Allen Mary Lou Block, Acting Planning Division Manager John Nordquist Irene Varney Moran, City Clerk Ray Gould Jack Weinz, Fire Chief Tom Carns Jim Jessel, Parks & Recreation Division Manager Larry Naughten John Wallace, City Attorney Jackie Parrett, Deputy City Clerk City Attorney John Wallace administered the oath of office to Councilman Ray Gould who was reelected to office in the November 6, 1979 election but had been out of town since the new term commenced in early January. CONSENT AGENDA 0 MOTION: Items (E) and (F) were removed from'the Consent Agenda.. COUNCILMAN.CARNS'MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved'items on the Consent Agenda included the following: -(A) Roll call. (B) Approval of Minutes of January 22, 1980. (C) Setting date of February 5, 1980 for hearing on liquor license application of Go N Joy Foods No. 5. .­ 1. (D) Report,on bids opened January 23, 1980 for 1980 displacement type.cold water meters, and award to low'bidde,r,'Pacific Water Works Supply'Co., in the amount of $25,922.29, including sales tax. -(G) :Approval.of Street Use Permit for Bayside Refinishing, 410 Walnut St:' PROPOSED ORDINANCE ADOPTING STATE STATUTE REGARDING DRUNK DRIVING [Item (E) on Consent Agenda] Councilman Gould had not been present when this proposed ordinance was discussed by the Council. He felt the State law should be adopted as it was drafted and should not be modified in any way. He felt it.had been drafted so as to be uniform throughout the state in its application and as to penalty. Other Council members explained to him that they, also, had felt as he -did until Municipal Court Judge Richard Thorpe had explained the rationale for giving the Court discretion to waive the mandatory one -day jail sentence -under extraordinary circumstances.' Councilman Gould noted that discretion is permitted if the penalty will cause physical or mental distress to.the offender, but he did not find the terminology "extraordinary -circumstances" definitive enough to warrant dis- cretion, and he did not feel the law should be diluted. He commented that in other countries where the mandatory penalty is required the law has proven to be a deterrent to drunk driving,.and he felt the people should know that they will serve the penalty if they take enough alcohol to lose control. Councilwoman Allen felt that the proposed ordinance provided for a mandatory jail sentence, and she asked -that the Council receive copies of any of the written judgments.that defer the sentence.. She felt that -if the'Council- then disagreed -with the Judge's decisions or.felt he was too lenient, then 1 • January 29, 1980 - continued 1 1 MOTION: the.ordinance could be changed. COUNCILMAN CARNS MOVED,.SECONDED BY COUNCILMAN NAUGHTEN,.TO APPROVE ITEM (E) ON THE CONSENT AGENDA, PASSING ORDINANCE 2115 WHICH ADOPTS THE.STATE STATUTE REGARDING DRUNK DRIVING, BUT ALLOWS THE COURT-DISCRET'ION:TO'-DEFER THE MANDATORY JAIL SENTENCE UNDER EXTRAORDINARY CIRCUMSTANCES.. MOTION CARRIED, WITH COUNCILMAN GOULD VOTING NO. APPROVAL.OF.,PARK BOARD RECOMMENDATION TO INCREASE PARK.AND RECREATION FEES FEBRUARY 1, 1980 Councilman Carns referred to the garden patch activity, noting.that the garden patches are available for the use of City of Edmonds residents only. He asked if all of the available patches had been utilized..in recent years, and Parks and Recreation Division Manager Jim Jessel responded that they had. Councilman Carns suggested that if they were not all used by a certain date then people outside the City be permitted to use them .so they would not go to waste. Councilman Carns commended Mr. MOTION: Jessel for..his.success in the.financial management of the recreation facilities. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD,: TO APPROVE ITEM (F) ON -THE CONSENT AGENDA. MOTION CARRIED. MAYOR Mayor Harrison advised that Building.Official Harry.Whitcutt.had.given notice of retirement on February..15, and Mayor Harrison made a recommendation for reorganization of that division., giving it MOTION: the function of implementing the one -stop permit system. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN.ALLEN, THAT THE MAYOR'S OFFICE PUT ITS RECOMMENDATION FOR THE REORGANIZATION OF THE BUILDING DIVISION IN WRITING AND REFER IT TO THE PERSONNEL COMMITTEE FOR ACTION. It was suggested that the possibility of putting the Building Offical inspections under the Fire Chief be explored. THE MOTION CARRIED. COUNCIL Councilman Gould referred to a letter from Val Rupeiks recommending the topping of some trees in the H. O.-Hutt Park which were left unprotected after other trees.were removed from some adjacent private property, and he noted that these are very large and very special.trees. Public Works Director Fred Herzberg stated that the trees had been looked at this date and.it was determined that the only way they were likely to go down would be if heavy winds were to follow a deep frost and thaw, and if they were to go down the direction they would take would not harm anyone else's property. There was hesitancy.to top them because that..would increase the possibility of disease. Councilman Gou.ld.noted that the Council had been provided.a.proposed ordinance creating the position MOTION: of Council President. COUNCILMAN GOULD.MOVED, SECONDED BY.000NCILMAN CARNS, TO ADOPT ORDINANCE 2116, CREATING THE.POSITION OF COUNCIL PRESIDENT. MOTION CARRIED. Councilman Naughten noted that an Edmonds resident, Rosalyn Sumners, recently won a gold medal in the women's world junior figure -skating championships held in .France, and he suggested that the City recognize her for her achievement. He proposed that a resolution be passed honoring her, that there be declared a Rosalyn Sumners Day, and that the City let her know that it is proud of her. COUNCILMAN MOTION: NAUGHTEN MOVED, SECONDED BY COUNCILMAN CARNS, THAT A ROSALYN SUMNERS DAY BE DECLARED, TOGETHER WITH ACCOMPANYING HONORS, AND THAT THIS,BE COORDINATED WITH THE EDMONDS CHAMBER OF COMMERCE. It was suggested that this may fit in with the winter Olympics schedule. THE MOTION CARRIED. Councilman Naughten noted that there appears to be an interest on the part of the downtown merchants regarding parking in downtown Edmonds.. The Council agreed that the Parking Commission should become active aga.in.. Councilman Naughten was agreeable to being the Council representative. Mayor Harrison said he would follow through to activate the Commission. Later-in.the evening,, however., it was noted that the Parking Commission is one of -those being absorbed by the proposed Planning Advisory Board, and a.date was set to discuss the intended scope of that board. Councilman Naughten suggested that the Staff prepare some sort ofguidelines as to what the Council does and what its actions are. He said he sometimes wonders whether the Council should be getting • involved in some of the areas into which it gets. Councilman.Naughten said he had receivedsome calls from senior citizens regarding the lack of lighting at 5th and Bell. 1 1 Councilman Nordquist commented that Burt Ketcham, the new Edmonds Chamber of Commerce president, had been the Council's guest at a dinner meeting this evening, and Councilman Nordquist felt a good start was made for an open forum. He also noted that on Thursday there will be a meeting in Snoho- mish which will be attended by the candidates for County Council and -County Executive, and the discussion.w.ill be about the costs of municipal court systems. Councilman Carns said it was his°understanding that the City.does not.have a lease with the Chamber of Commerce for the use of the log cabin, and he proposed that one be drafted incorporating the statement that although it is not proper that a city gift services or money, the fact that the Chamber is -keeping a historical building open is worthy of offsetting any rental charges. He suggested that the City Attorney make recommendations as to the legal aspects of the Chamber paying MOTION: for utilities and upkeep of.the building. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT. -THE -CITY ATTORNEY BE SO INSTRUCTED AND REPORT TO THE COUNCIL AT HIS EARLIEST CONVENIENCE. MOTION.CARRIED. Councilwoman Allen advised that she would be unable to attend next week's Architectural Design Board meeting, and she requested that another Council member attend in her place. Councilman Nordquist will attend as the ex officio member. Councilman Kasper advised that he would not be present at the February 5 meeting. Councilman Kasper referred to a letter from Wilma Schwartze, asking for a change in the -traffic routing on Sunset Ave. to permit, once again, cars to travel south, thereby facilitating.parking for viewing of the Sound. Councilman Kasper did not feel that the problem had been solved and he felt 4o L January 29, 1980 - continued • there should be further discussion before Daylight Savings Time goes into effect or before the first of May. Councilman Carns was opposed to further discussion, as numerous. public hearings had been held on the issue. If it were to be discussed, he felt it should be i,n another public hearing. Councilman Gould observed that it is a sensitive issue and he suggested that reevaluation may be in order, and Councilman Naughten felt an attitude of review was better than having a closed mind. Councilman Kasper felt the street is becoming unusable for the general public. THEREFORE, COUNCILMEN MOTION: KASPER MOVED, SECONDED BY COUNCILMAN GOULD, THAT A REVIEW OF THE ENTIRE SUNSET AVE. TRAFFIC CONFIGURA- TION BE PLACED ON THE APRIL 29, 1980 WORK MEETING AGENDA. MOTION CARRIED, WITH COUNCILMAN CARNS VOTING NO. REPORT FROM TOM NIELSEN.,_PRESIDENT OF EDMONDS.COMMUNITY COLLEGE, RE PERFORMING ARTS CENTER Mr. Nielsen described a proposed new concept for funding a performing arts center. His concept would not require the formation of a Parks and Recreation District and would not require expensive rental rates for community usage once constructed. The plan would,require a special bill in the 1981 legislative session, together with a local pledge from South County of $500,000 to $600,000. He felt State funds could be had if it were shown that local funds also would be available, and that an excellent'1000-1500 seat theatre could be built, comprising Phase I of his plan. After that, he felt federal funds.could be pursued to construct Phase II,.the largerperforming arts/convention center.. His plan called for each of the"municipalities in South County, the college, the school district, and the.County pledging $100,000, but nothing would be spent unless the State would fund the project. He felt there is some legislative sympathy to South County because of its loss in the last legislative session, and he felt that the promise of local money would have legislative appeal. He added that the South County legislators currently have considerable influence and respect in Olympia. At this time he was interested in reaction to his concept'. The council felt it had merit and generallysupported it, noting that there has been a lot of indication from Edmonds citizens that such a facility is needed, but also noting that they would have to decide where they could find $100,000.and.that it may be difficult to get.the various municipalities to participate in that . amount. .Mr. Nielsen was satisfied with the response and thanked the Council for their time. DISCUSSION REGARDING OPEN SPACE ZONING Planning Consultant John LaTourelle reviewed the effects of the Open Space Taxation Act which results in a substantial decrease in the property tax on property designated as open space. He pointed out some of the not too obvious pitfalls and inequities, but noted that there so far had been few applica-'. tions within Edmonds. He expected -there would be more in the future, as land values and taxes increase. He noted that this Act had proven to'be a land speculator's haven because penalties for early withdrawal from the program were very modest. Also, the program generally is a vailable only to those who are wealthy or fortunate enough to have acquired large tracts of undeveloped land. The feeling was expressed that if property is to benefit from the Open Space Taxation Act, then it should be zoned Open Space, and if the owner later wants it to be zoned otherwise then he would have MOTION: to go through the.rezone process. It was also -noted that there should be some criteria as to what is intended to be covered by Open Space zoning. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION STATING THAT THE POLICY OF THE CITY COUNCIL WILL BE THAT THOSE PERSONS WHO -REQUEST -AND QUALIFY FOR THE OPEN SPACE TAXATION WILL BE REQUIRED TO SUBMIT A CONCOMITANT AGREEMENT TO REZONE THEIR PROPERTY TO OPEN SPACE. Councilman Kasper asked if there wouldn't be a hearing on this but he was advised that a hearing was not necessary. Mayor Harrison felt it would be to the public's benefit to allow free taxation for - undeveloped lots, and he did not think there would be any applicants.under the proposed policy. Councilman Gould stated that when he recently sat on hearings of two.local applications the appli- cants had.stated.that it was their real desire to keep the land in open space and not to develop it. THE MOTION THEN CARRIED, WITH COUNCILMAN KASPER VOTING NO. Councilman Kasper noted that the County Commissioners and two people from the City hear the applications and grant or deny them, and he felt the Council was really talking about a penalty against the property to get it out of open space. Councilman Gould said there should be an understanding of what open space zoning means to the City and he referred to guidelines in Mr. LaTourelle's memorandum which stated that some of the criteria are: The property has some unique or environmentally valuable features such as a watercourse, . wildlife habitat or beach frontage; the parcel is of significant size so that .it contributes,to a larger mass of open space; there is public access to the property and the site has scenic or.recre- ational value. Councilman Carns commented that an owner might not take the tax benefit if he thought. he would have.to go through the rezone process. to get the original zoning back. There was no further discussion. SIX MONTHS' REPORT FROM BOARDS AND COMMISSIONS Parks & Recreation Division Manager Jim Jessel reported on the goals of the Park Board, noting that the Board is still interested in developing the Anderson Center. Each member of the Park Board has been assigned a goal on which to work. Councilwoman Childers had expressed interest in bicycle trails and Mr. Jessel said that was one of the goals on which the Park Board was working. A site inspection for possible additional bicycle.trails was scheduled for the following day. Keith LaBelle, Chairman of the Planning Commission, said the members are concerned as to what will happen to the Planning,Commission in relationship to the Hearing Examiner process. He said they do not know how .long they will be serving, what their resnonsibilities will be, etc. Councilman Gould felt that all the boards and commissions affected by the Hearing Examiner process should be told how they will be affected, and he felt it should be done before the fact. He suggested a work session with them to discuss their new duties when the new concept is implemented. Mayor Harrison noted that the people of the.City feel a need for real, long-range planning. It was commented that the new system should provide the Planning Advisory Board the opportunity to do some real planning work. Mayor Harrison felt the Comprehensive Plan should be revised for the long range. The question arose as to reactivating the Parking Commission, as had been discussed earlier, because the Planning Advisory Board will absorb..it. .Councilman Gould felt the Council should decide before March 18 (when the new Community Development Code is to be reviewed) what they want the.new Planning Advisory Board to do. MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO DISCUSS THE PLANNING ADVISORY BOARD ON MARCH 1.1, 1980. MOTION CARRIED. Paul Roy., Chairman of the Board of Adjustment, said that Board 4 3 January 29, 1980 - continued Ilk 1 also was.interested in knowing how much longer they would be.functioning. He noted that the Board's attendance had improved and the meetings had been shorter... One of the.Board members had commented that the Board has been hearing numerous items involving PRDs'and had asked if they were pre-empting the Planning Commission. Bob Pantley, Chairman.of the Shorelines Advisory Committee, said that group. is. in favor of a master. board."but. they feel- there should be strong consideration given to having one member from each of the existing boards on it. DISCUSSION.OF. GOALS AND•OBJECTIVES OF COUNCIL COMMITTEES Council:President Nordquist announced that the Finance Committee would have its first meeting next Tuesday -at 7:00 p.m. The Council.Committees will meet in -the small room adjacent to the Council Chambers. Councilman Gould suggested that the listings of goals which came out of the Port Ludlow retreats should be made available to each of the Committees so the Committees can see whether or not they are working towards those goals. The Council members were asked to express goals for all of the committees, whether or not they are on each committee. There was no further business.to come before the Council. .Mayor.Harrison asked for an Executive Session to.d.iscuss a personnel matter, and the meeting adjourned .to Executive Session at 10:20 p.m. IRENE VARNEY MORAN, C' y Clerk February 5, 1980 HARVE H. HARRISON,.Mayor The regular meeting of the Edmonds City Council was called to order.at 8:00.p.m. by Mayor Pro tem John Nordquist in the Council Chambers of the Edmonds Civic Center.. All present joined in the flag salute, following which Mayor Harrison arrived and conducted the meeting. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Bill Kasper Charles Dibble, M.A.A. Jo -Anne Childers Fred Herzberg, Public Works Director Katherine Allen Irene Varney Moran, City Clerk John Nordquist Marlo Foster, Police Chief' Ray Gould Jack Weinz, Fire Chief Tom Carns Mary Lou Block, Act. Plan. Div. Mgr. Larry Naughten Jim Adams, City Engineer John Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Councilman Gould noted that the Staff had requested that Item .(E), "Approval of Amended Hourly Fee Schedule for General Agreement for Engineering Services with.Reid, Middleton & Associates, Inc.," be MOTION: removed from the Consent Agenda, to.be included 'at a future date. COUNCILMAN GOULD MOVED, SECONDED BY • COUNCILWOMAN ALLEN, TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM (E). MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of January 29, 1980. (C) Authorization for Mayor to sign Addendum Agreement to.the SNOCOM Interlocal Agreement, estab- lishing an Advanced Life Support Division. (D) Report on handling and storage of hazardous materials in downtown Edmonds. (F). Setting date of February 19, 1980 for hearing on liquor license transfer from Seventh Brigade Corporation to Eighth Brigade Corporation (Sebastian's restaurant). (G) Approval of Police, Fire, and .Public Works labor agreements and authorization for Mayor to execute same; and instruction to City Attorney to,draft amended Salary Ordinance. With regard to the approval of this item,.City Attorney John Wallace advised the Council that it would result in there being less in.the Council Contingency Fund'and that an ordinance would come forward to amend the Budget to appropriate the necessary funds to the salary expenditure. COUNCIL Councilman Nordquist said a letter.had.been received from Mayor Hrdlicka of the City of Lynnwood re- questing that the Council clarify their.positionn regarding Lynnwood.'s using the Edmonds sewage plant, in that the conditions are negotiable.upon.which.the conversion -would be acceptable. Councilman Gould felt action should be taken to allow the study.to be.completed;,i..e., agree that the specifics are a nego- tiable item and that the terms of each can.be discussed once the study has been completed. COUNCILMAN MOTION: GOULD MOVED., SECONDED BY COUNCILMAN CARNS, THAT THE MAYOR BE -AUTHORIZED TO SEND A LETTER TO THE MAYOR OF LYNN1400D TO CLARIFY THAT THE COUNCIL'S POSITION IS THAT MATTERS RELATING TO THE SEWER DIVERSION ARE 0 NEGOTIABLE PENDING THE STUDY. MOTION CARRIED: