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19750218 City Council Minutes237 February 18, 1975 ROT.T. C'AT.T. 1 The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P. M. in the Council Chambers at the Edmonds Civic Center, with all council members present. APPROVAL OF MINUTES Minutes of the meetinf of February llth had been posted, mailed and distributed. Councilwoman Bruns mentioned that the paragraph at the bottom of page 1 should have indicated that the newspaper account indicated that no decision had been reached on a recipient for mass transit funds. The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilman Nordquist noted that in the past council members had attempted to complete the agenda by�ll P.M., and he hoped that the new members would join MOTION: in that thinking. HE THEN MADE°A MOTION SECONDED BY COUNCILMAN GELLERT TO - POSTPONE.ITEM 416, DISCUSSION REGARDING CERTAIN EXEMPT POSITION SALARY EVALUATIONS TO THE'MARCH 4TH MEETING. MOTION CARRIED. Councilman Nordquist said that he'had received some information that the State Highway Department is not going to finish the=two ramps at Highway 99 and 205th. City Engineer, Leif Larson, said that he had received a letter from Mr. Bogart stating that this work would be scheduled for the 1977 bienniun. However, he said, at this stage with the Highway Department finanching, he feels they do not MOTION: really know when -it will be. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON.TO INSTRUCT THE MAYOR TO WRITE A LETTER TO THE STATE HIGHWAY'DEPARTMENT URING THEM THAT IMMEDIATE ACTION BE TAKEN TO COMPLETE THOSE RAMPS AND NOT TO WAIT UNTIL 1977 OR LATER. MOTION CARRIED. Councilman Gellert mentioned an article in the Nation's Cities Magazine for January, 1975 which stated•that on January 10, 1975, the Supreme Court granted the National'League of Cities' request that the 1974 amendment to the Fair Labor Standards Act be held in abeyance pending the high eour.t's consideration of the merits of the law. He pointed out that in view of this, compensatory time is perfectly alright again. Councilman Gellert said that -he had looked at four Claim Warrant Registers for the period December 30 to 31st, and asked why there were several warrants issued to each of about three firms. M.A.A. Ron Whaley and Herb Gilbo, Director of Public Works, explained that it was just a matter of cleaning up year-end business. Councilman Gellert brought up the matter of garbage collection hours in residential districts. He asked if the garbage companies could be contacted -requesting that they restrict their garbage collection hours to after 7 A.M. and prior to 7 or 8 in the evening. Mr. Whaley said that this had been referred to the Building Official, so that it could be included in the proposed Noise Ordinance. It waslindicated that the staff will contact the garbage companies in this regard. Councilman Anderson mentioned the letter the council members hadzreceived from Rod Garretson, Director of Parks and Recreation, regarding the hearing tomorrow night on the proposed fishing pier. Mayor Harrison said it would be a good idea for as many council members as possible to attend the meeting. • AUDIENCE PARTICIPATION A lady in the audience came forward and presented a petition to the Mayor, which had been signed by about 140 persons. The petition was with regard to the Conquest Center, and asked that the ordinances and conditions which are now before the council be applied and made retroactive with regard to the Conquest Center. Jim Mueller, 209'Casper Street, said that he was speaking on behalf of the Blue Ribbon Committee and asked if the council will act on their second recommendation, which was that a'resolution be adopted by the City Council and forwarded to the State Legislature, permitting code cities to elect three councilman every two years.for a four year term, with the seventh position being elected every two years for a two year term. There was a brief discussion, but no action was taken. HEARING: ON PLANNING COMMISSION RES. 4460, GROUP HOMES IN RM DISTRICT City Planner,. Joe Wallis, stated that this matter was originally brought before the Planning Commission as an amendment to the Zoning Code to permit group home use in an RS Zone. He reviewed the action which has been taken to -this point. Councilman Gellert stated that he had received a letter from Mr. Sargent, who is connectedxwith the Brickenwood Home; and that Mr. Sargent had stated in that letter that foster homes as defined in this proposal, would qualify their home as such, as well as a group home. There was a brief discussion, and following this, the Mayor opened the hearing. 0 238 MOTION: • Mrs. Jodi O'Brien stated that no one can set themselves up as a foster home, as there are many licensing requirements to meet. Mr. Bain, with the Social and Health Services, explained further. Mr. Bain was asked to comment on the proposed ordinance, and said that the one acre lot size would make it difficult to have a group home in Edmonds. In answer to questions about finances, Mr. Bain said that the rates that they are paid areregotiated by the State on the basis of financial statements. The rates are negotiated every year; and the rates are established on the basis of what their costs are, what the salary schedule of the employees is, the taxes paid, -etc. Mr. Bain said that he would recommend not setting a standard for the homes, but when the Conditional Use Permit is applied for, to take a look at the particular operation and decide whether it is or is not a desirable facility. There was then discussion on the two mile distance limit between group homes. Planner Wallis replied that he believed the intent was to avoid impacting the particular neighborhood by placing group homes too close together. Mr. Wallis then projected the Social Agency Impact Statement on the screen and reviewed the various points. Filing of such a statement is one of the conditions for the granting of a Conditional Use Permit for a group home. It was suggested that the council review any applications for a group home before it goes. to the Board of Adjustment. Councilman Welling expressed concern that the ordinance does not provide for enough control. There was general discussion, with comments from Ralph Larson, 23828 - 102n W., who said that he was concerned about the size of the lot. He said that if the lot is too large, you do not allow the residents of the group home to integrate into the community. Jodi O'Brien said she would be willing to see some amendments, as she now thought the one acre lot requirement, and the two mile distance are' too restrictive. Capt. Shields commented that everything should be carefully spelled out, so that person putting in a facility knows exactly what is required; and that people coming into the neighborhood to buy a home will know what is there, or what is contemplated. Jim Mueller asked Mr. Bain if liability insurance • is required when licensing a group home. Mr. Bain answered that it is suggested, but not required. The hearing was then closed. Councilman Nordquist said that he would like to insert a statement that the Planner as a courtesy.:to the City Council, at the time of a presentation of an application, present the Impact Statement and the Financial Statement to the council so that they are aware of the situation. He also would like the council to be invited to make comments to the Board of Adjustment, if they wish. Mr. Wallis said that perhaps this could be made a part of the application procedure. Mayor Harrison said that perhaps this proposed ordinance could be amended to add the words "subject to granting a Conditional Use Permit by City Council providing the following conditions are met". COUNCILMAN GELLERT THEN MOVED, -SECONDED BY COUNCILMAN NORDQUIST THAT THE CITY ATTORNEY BE INSTRUCTED TO RE -DRAFT THE ORDINANCE IN THE FOLLOWING MANNER: WHEREBY THE CONDITIONAL USE PERMIT BE APPROVED BY THE CITY COUNDIL; AND WHEREVER THE BOARD OF ADJUSTMENT APPEARS, CITY COUNCIL BE SUBSTITUTED; THAT A SOCIAL IMPACT STATEMENT BE PRESENTED BY THE CITY PLANNER SHOWING A NEED; THAT THE ONE ACRE LOT SIZE BE STRICKEN AND THE TWO MILE DISTANCE BETWEEN GROUP HOMES, ALSO BE STRICKEN. COUNCILWOMAN SHIPPEN THEN MADE A MOTION TO AMEND STATING THAT A NEIGHBORHOOD REPRESENTATIVE SHALL BE NOTIFIED AND ALLOWED TO SIT ON THE BOARD OF THE GOVERNING BODY OF THE HOME IN A LIAISON STATUS;.... THIS AMENDMENT DIES FOR LACK OF A SECOND. THE MAIN MOTION WAS THEN VOTED UPON AND CARRIED. HEARING: ON PLANNING COMMISSION RES #461, DEFINITION OF FAMILY City Planner, Joe Wallis, reviewed this proposed ordinance for the council. The Mayor then opened the hearing. Jim Mueller asked for some clarification on what constitutes a family, and the attorney explained. No one else wished to MOTION: comment, and the hearing was closed. COUNCILMAN NDERSON MOVED, SECONDED BY • COUNCILMAN NORDQUIST TO ADOPT ORDINANCE 41761, WITH REGARD TO THE DEFINITION OF A FAMILY. MOTION CARRIED. HEARING: ON PLANNING COMMISSION RES 4462, SOCIAL REHABILITATION CENTERS City Planner, Joe Wallis, reported that this was referred to the Planning Commission by the council as a specific mandate to study social rehabilitation centers. He said they have amended each of the zones' permitted uses to conform to a "Table of Zone Requirements for Social Service Facilities". Mr. Wallis reviewed this which was attached to Planning Commission Resolution #462 as Exhibit "B". There was general discussion of the ordinance and the "Table". Mayor Harrison then opened'the hearing. Tom Carns stated that in Section II (C) it could read, "Counseling for drug and/or alcohol rehabilitation". One lady in the audience commented that there has been no contact between the Conquest Center and the neighbors. Ralph Larson asked if provision;-, was made for foster homes for adults. Mr. Bain said there is no provision for foster homes for adults as far as he knows. MOTION: The hearing was then closed. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT THIS BE REFERRED BACK TO THE PLANNER, AND IF NECESSARY TO THE PLANNING COMMISSION AND THE ATTORNEY TO�UWRTHER DEFINE THESE ITEMS AND TAKE INTO ACCOUNT THE NORMAL ACTIVITIES OF DOCTOR'S OFFICES, LAW OFFICES, CHURCHES, HOSPITAL ETC., AND POSTPONE UNTIL MARCH 11TH. MOTION CARRIED. RESOLUTION DESIGNATING ROUTE #104 AS TRUCK ROUTE AND PROHIBITING THROUGH TRUCKS ON SR #524. City Engineer, Leif Larson, pointed out the area on the map and explained how ,the signing would be done. Tom McLeod, who is with the State Highway Department, commented that the Highway Department hhs no feeling one way or the other, but that this would require approval and concurrence from the City of Lynnwood. i 239 Mr. Larson pointed out that we have to designate alternate routes that trucks can take. A gentleman representing the South County Chamber of Commerce, Transpor- tation Committee, stated that the idea of diverting truck traffic to SR #104 has merit. He suggested working with agencies familiar with 'the trucking industry, such as the Washington Trucking Association, to have them notify their membership not -to use Route 524 and to use 104. Attorney John Wallace pointed out that at the time of designation, this must be done by ordinance. This MOTION: resolution is simply an expression of intent. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO ADOPT RESOLUTION #324, WITH THE FOLLOWING AMENDMENTS: ADDING AT THE END OF THE FIRST -PARAGRAPH THE WORDS, "BEING OF EXCESSIVELY STEEP GRADES AND";'AND THAT IN PAR. 3, ADD FOLLOWING STATE OF-WASHINGTON, CITIES OF LYNNWOOD? MOUNTLAKE TERRACE AND SNOHOMISH COUNTY ARE...'.' MOTION CARRIED. REMOVAL OF SR 524 FROM STATE HIGHWAY ROSTER Mayor Harrison read a letter which had been received from tie State Highway -- Department stating that the SR 524 project between 81st and 88th will have a minimal environmental impact and a negative declaration could be made. Mr. Larson pointed out that the Siate Highway Department has $150,000 in this project for the portion from 81st to 64th. There was general discussion. Following this, Jim Mueller presented a petition signed by approximately 110 people requesting that SR#524 be deleted from the State Highway Roster. 'Capt. Shields said that there is a lot of ferry traffic on this route. Mr. Larson replied that this is just during peak times, but most of -the traffic is local. Dewey Leyda stated that he thought it was a bad idea to take this off the roster, as the City has trouble now finding funds to maintain its streets. Mr. Whaley noted that Mr. Bogart had stated that the Highway Department cannot make any improvements to a street within our city limits,, without our concurrence as to design and magnitude. • Mr. Bogart had said he still hoped that something could be worked out. Following MOTION: more discussion, COUNCILWOMAN SHIPPEN MOVED, SECONDED BY T)UNCILMAN GELLERT THAT WE ASK OUR LEGISLATURES TO SUBMIT A BILL TO THE STATE LEGISLATURE REMOVING SR524 FROM THE STATE HIGHWAY SYSTEM WITHIN CITY LIMITS OF EDMONDS. MOTION CARRIED, WITH COUNCILMAN ANDERSON VOTING "NO". SOUND DISPOSAL, INC. - RATE INCREASE REQUEST MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILWOMAN BRUNS TO POSTPONE THIS ITEM TO MACH 25TH. MOTION CARRIED: FIRST READING: PROPOSED ORDINANCE CHANGING MEETING DATES First reading was had on the proposed ordinance changing the meeting dates. FIRST READING:' ORDMTANCE REDUCING SPEED LIMIT ON PORTIONS OF HIGHWAY 99 First reading was had on the proposed ordinance reducing the speed limits on .portions of Highway 99. P.U.D. UNDERGROUNDING RESOLUTION This document was reviewed by council and attorney, and following this, COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILWOMAN SHIPPEN THAT WE INFORM P.U.D. OF OUR DESIRE TO SEE THIS IMPLEMENTED. MOTION CARRIED. REQUEST BID DATE FOR WATER SERVICE LINE MATERIALS (SUGGEST 3/375) COUNCILMAN GELLERT*.MOVED, SECONDED BY COUNCILMAN N,ORDQUIST TO SET MARCH 3 AS THE • BID DATE FOR WATER SERVICE LINE MATERIALS. MOTION CARRIED. 1 There being no further business to come before council}; the meeting was adjourned at 11:20 P. M. 4, -.,- = _,� � ('_'za_� a- z W A, �, S � IRENE VARNEY MORAN, City Clerk February 25, 1975 ROLL CALL :2� -t4�� A H. H. H RRISON, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P. M. in the Council Chambers at the Edmonds Civic Center, with all council members present. TRIBUTE TO DICK WALDROP Mayor Harrison informed the council members, staff and audience of the sudden passing of Animal Control Officer, Richard F. Waldrop, on February 24, 1975. He then read a letter written by Police Chief, Marlo Foster, which noted that Mr. Waldrop served as Animal Control Officer since March 1, 1969, and previous to that had served as a commissioned reserve officer for ten years. The Mayor said he joined Chief Foster and others on the City Staff in saying that Dick Waldrop will be missed very much. Mayor Harrison then asked everyone to join him in a minute of silent prayer in-Dick's memory.