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19750603 City Council Minutes280 11 SET BID DATE FOR SALE OF CITY PROPERTY The City Engineer requested a bid date be set on sale of city properties MOTION: located at loth & Maple, 9th and Main, and 76th and 235th. IT WAS MOVED BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CLEMENT TO SET JUNE 199 1975 AS THE DATE FOR OPENING BIDS ON THE SALE OF THE THREE CITY PROPERTIES. MOTION CARRIED. DISCUSSION REGARDING FISHING PIER Rod Garretson reported that the State Fisheries Dept. had a®ked the city to determine the responsibility for maintenance and operation for the facility, if built. Also, the bait and tackle shop management. There was disucssion, and the City Attorney advised that the city should have an MOTION: agreement with the Port. IT WAS THEN MOVED BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN NORDQUIST TO INSTRUCT THE ATTORNEY TO ENTER INTO NEGOTIATIONS LEADING TO A CONTRACT WITH THE PORT IN RESPECT TO OUR WILLINGNESS TO ASSUME OPERATIONS, AND ON NORMAL MAINTENANCE AND REPAIR UP TO LIMITS OF $500, ABOVE WHICH WE CONSIDER THIS RECONSTRUCTION, AND WE WOULD REFER TO THE STATE. MOTION CARRIED. CLAIMS FOR DAMAGES Claims for damages were received from Gerald Johnson and from James Lyle Scalf. These were referred to the City Clerk for processing. ADJOURNMENT • Mayor Harrison asked council members to please attend a short executive session in his office following this meeting. There was no further business, and the meeting was adjourned at 10:50 P.M. �RENE VARNEY MORAN City Clerk H.H. HARRISON, Mayor June 3, 1975 ROLL CALL The regular meeting of the Edmonds City Council Harrison at 7:30 P.M. in the Council Chambers at council members were present except Councilwoman APPROVAL OF MINUTES was called to order by Mayor Harve the Edmonds Civic Center. All Bruns. Minutes of the meeting of May 27th had been posted, mailed and distributed, and with no omissions nor correctons, were approved as written. COUNCIL PARTICIPATION Councilman Clement inquired about the composition of the new committee for inves- tigation into alternatives to the Social Security Program. He noted that some people had been dropped and wondered why. Ron Whaley, M.A.A.; stated that Tom Johnston had spoken to him about creating a smaller committee, so that all departments are represented without too many employees taken away from any one area. Mr. Clement said that he was concerned that the committee members remain open-minded, and look at all facets of the picture. Mr. Whaley felt sure that they would be objective. Councilwoman Shippen stated that she felt there are many women on the staff that have a good deal of knowledge about finance and perhaps they would be interested in serving, as this will get highly technical later. Mr. Whaley said that an organization has volunteered to work with the committee as a financial consultant; an unbiased consultant with nothing to sell. Council woman Shippen stated that in the past we have had three council members serve on a Capital Improvements Committee, and they met periodically with some members of the staff. She said the results have been rather limited. She wondered if the council would like to broaden the amount of information that is fed into this committee by.inviting the Planning Commission, the Park Board and the four citizens' committees to have a series of meetings in July. She suggested meeting on July 71 10 and 14, and then to have a general meeting with the council on the fifth Tuesday in July, which is the 29th. Councilman Clement said that three separate meetings with different groups would be more productive. Following discussion, it was decided that the Capital Improvements Committee should meet first, and then call meetings with other groups. The Committee will meet on 281 MOTION: MOTION: LJ MOTION: 9 1 June 12th. Councilman Anderson said that several months ago the State Health Department came up with regulations banning smoking in certain public places. He said that he would like to implement that regulation by prohibiting smoking duringlour council meetings. COUNCILMAN ANDERSON THEN MOVED, SECONDED BY COUNCILWOAMN SHIPPEN THAT SMOKING BE PROHIBITED IN THE COUNCIL CHAMBERS DURING COUNCIL MEETINGS, AND THAT THE CHAMBERS BE SO POSTED. MOTION CARRIED. Mayor Harrison noted that he had a liquor license application for Robert Mitchell and his wife for an "A" License, which is a dining establishment selling beer by the glass or open bottle on the premises. The address is 23029 - 100th W., and is currently known as the "Hot Dog". The Police Chief reported that he had investigated and said that the applicants are very sensitive to their responsib- ilities, both legal and social. He recommended approval. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO APPROVE THE LIQUOR LICENSE APPLICATION FOR THE HOT DOG. MOTION CARRIED. AUDIENCE PARTICIPATION Joseph-:Krisman, 8889 - 196th, which is across from the Maplewood Rock and Gem Club, and stated that he was present with his neighbors to protest to activities sponsored by that club. He said that the parties that have taken place there have been very disturbing. The noise is in the extreme; they leave'a mess after the parties; stay quite late and there is a serous problem with traffic congestion. It was pointed out that the Club is rented out to private parties .for various party activities. The City Attorney said that private clubs are permitted, and that we do not have an effective ordinance to regulate the noise at the present time. He said that we have had a Disorderly House, which is a noisy house ordinance, on the books for 60 years, but that it is next to impossible to get a conviction. Mrs. Loyd Harris asked if thereiis any way that an ordinance could be implemented and how would they go about doing this. The City Attorney said an ordinance can always be passed, however getting a conviction is something else. He said that many times the neighbors do not want to come in and support us in court. He stated that several police officers could be in court to testify, but the neighbors have to be there also. Mr. Loyd Harris asked if there is any curfew law that could be used, or any other legislation that would regulate meeting times, etc. in a residential area. There was some discussion, and the attorney remarked that perhaps the zoning ordinance could be amended with respect to community clubs, and their operations, regulating their hours in an RS District when they are leased out to non-members organizations. Mrs. Harris said that they have attended the Maplewood Board Meeting, and they were very generous with the time allowed to explain the situation. One of the resolutions made by that Board was that there should not be so much noise that it disturbs people in their residences. One of their suggestions was that if they were disturbed, they could complain to the people in the clubhouse. This was done by one of the neighbors on one occasion and she was occosted by obsenities, and has stated that she will not attempt it again. There was more discussion. Councilman Gellert asked if we can require an off -duty policeman during these functions. Mr'. Wallace said that could be done if necessary, and they also could be required to come in and get a license prior to holding their function. He then reiterated that if a complaint is filed', 'the residents would have to appear in court. Councilman Gellert pointed out to the audience that we now have our owri municipal court so that it is more convenient for local people to appear. COUNCILMAN GELLERT MADE A MOTION WHICH WAS SECONDED BY COUNCILMAN NORDQUIST THAT WE SET THIS MATTER FOR DISCUSSION AT THE.WORK MEETING ON JUNE LOTH WITH THE CITY ATTORNEY BRIEFING THE COUNCIL ON WHAT OPTIONS WE HAVE IN THIS REGARD. There was discussions-V11-th regard to a noise pollution ordinance. City Attorney, John Wallace, said that the State has not come up with an answer yet. Chief Foster commented that sometimes the Club is rented under false pretenses, birthday parties, etc. He said that he thought the idea of an application being filed might have some merit. Councilwoman Sjippen said that she would be interested in the non -conforming use aspect and amortizing and how quickly that use could be eliminated from that area. MOTION CARRIED. CORRESPONDENCE The Deputy City Clerk noted receipt of a petition for vacation of an access easement in the vicinity of the 10OF Cemetery on 15th S. W. This was referred to the Planning Commission. HEARING: PLANNING COMMISSION RESOUTION # 471, AMENDMENT TO GROUP HOME ORD. ZO-6-75 Mayor Harrison announced that this ordinance was coming before council for first reading. City Planner, Joe Wallis, stated that this has been an ongoing study conducted by the Planning Commission and various citizens in the community dating back to July of.1974. This ordinance is amending Ordinance No. 1767 which was passed in Marvh. It revises some of the requirements for the issuance of a conditional use permit and also revises the appeal and revocation procedures. 0 2-82 0 Mr. Wallis reviewed the ordinance. There were several minor changes in language noted. The hearing was then opened. Mr. LeFevre, 720 - 13th Way, mentioned the fact that the ordinance requires signatures from 10 or more persons must sign the petition for appeal. He thought this figure was high since this an.RM Zone. Attorney Wallace said that the proposal is for 10 residents o,f the neighborhood, so it could be ten occupants of one apartment house. There was a discussion of what represents the neighborhood, and it was pointed out that this would be within a 600' radius of the facility in question. In response to a request from a gentleman in the audience, the attorney read a definition of Group Homes. No one else wished to speak, and the hearing was closed. The proposed ordiance will have -its second reading at the next regular meeting. HEARING: PLANNING COMMISSION RESOLUTION 462, SOCIAL REHABILITATION CENTER. Zo-7=;75 City Planner, Joe Wallis, noted that the history of this item is similar to the one discussed previously. He said when this was discussed earlier there was a concern expressed that in trying to establish the licens'ng procedures they had included some of the professions in one of the definitions. He read the revised paragraph defining Social Service Facility. There was some discussion on the distinctihction between social service facility and social service institution. The Mayor asked who had written the two paragraphs in question. Mr. Wallis, the Ctiy Planner, replied that it was the Planning staff along with some of the neighbors in the vicinity and Mr. Bain of the Department of Social and Health Services. A part of it was taken from the State Statutes of the State regulatory measures in order to try and coincide with the State regulatory measyres. The hearing was • then opened. Bill Nims, 22328-100th W., said he was interested in knowing what type of people could be assigned to rehabilitation centers. He said that his daughter had been accosted by a man just two blocks from her home.. The incident occurred three years ago, and he said that he would not like a rehabilitation center containing such warped individuals to be in his neighborhood. It was his feeling that such persons should be in a regulated institution. Mr. Wallis said that he believes the Statement of Operationg Conditions addresses what Mr. Nims is concerned about. The applicant himself is asked to make a statement of what his program is all about and how he intends to run it. Definition of'a family was then discussed. A gentleman asked if five wards of the court could live together in a dwelling unit in a residential zone. City Attorney, John Wallace, answered that they could not do so as a group home. He said that if they are a group home licensed by the State they are not permitted in an RS Zone. A lady in the audience said that she had five boys living next door to her and she has the same concerns as Mr. Nims. The City Attorney said that the matter concerning the home where these boys live is now in litigation and probably will not come to trial before about October. Councilman Anderson asked what the basis of the suit is. Mr. Wallace said that the Brickenwood Home has instituted a law suit against the City to have it determined whether or not they can qualify as a family under the old zoning:; code definition, in order to continue to maintain their existing use of the property. Mr. Bain explained what work release centers are, persons are allowed to work during the day and then have a supervised place to stay at night. Mary Jame Robbins asked how people -are referred to these facilities. Mr. Bain said that a large portion are drop -ins; some are referred by King County Court, the adult probation parole section of the Adult Correction Division, Department of Social and Health Services. Mr Sargent said that the youngsters he has are adjudicated dependent or incorrigible and are referred by individual families, churches, doctors, social welfare offices, schools and courts. A gentleman who is a counselor at Edmonds High School said that they refer kids who are drug addicts, who live in this connunity, to the Conquest Center. Councilman Welling said that children who are admitted to the Denny Youth Center, for one reason or another, are generally released the next day or shortly thereafter. He indicated that these facilities are very much needed. Councilman Glement`.,said that if the residential environment in Edmonds is conducive to rehabilitation, and there is a therapeutic tralue in where you live and how you live, then we can use that to help somebody. Mr. Sargent said that there is a great need for foster homes and the reason that group homes are needed to attempt to meet the lack of foster homes. He said that to establish a facility in Edmonds you have to meet many requirements, and then in six months time the meighbors can complain avout the facility being located there. No further comments were made, and the hearing was closed. Hearing: PLANNING COMMISSION RESOLUTION 470, REZONE FROM R5-20 TO RS-81 -- PROPERTY ON 15TH S. W. City Planner, Joe -Wallis, stated that this item isalso related to item 410, MOTION: and asked if item 410 could be moved up. COUNCILMAN'GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT ITEM #10 BEHEARD IMMEDIATELY AFTER #8. CARRIED. Mr. Wallis then reported on action taken, stating that the subdivision and rezone were approved by the Council. He then showed slides, which contained several views 1 0 • 283 1 1 • i of the site and a sketch of the proposed subdivision. Mr. Wallis indicated the zoning in the immediate area, and stated that it does conform to the subdivision code and the general land use in the area. Councilman Nordquist questioned the, Planner on whether or not there could possibly be any grave sites in this tract, as it has been a part of the cemetery for some time. Mr. Wallis stated that there are very strict State regulations on this. Mr. Roy Baker, who was in the audience, also pointed out the strict regulations, and said -that he is quite sure there are no grave sites there. The hearing was opened, however no one wished tospeak MOTION: and the hearing was closed. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS ORDINANCE # 1774. MOTION CARRIED. PRELIMINARY PLAT_ APPROVAL - HERITAGE PARK. P-1-75 Dick Allen, Assistant City Engineer, said that the proposed plat goes into a strip of land the city now owns that is known as 15th Ave. S. W. He said the matter of the ownership of that strip will have to be cleared up. The City Attorney said that it will have to appraised and the council will set a price which will be the minimum acceptable bid; and then it will be put out for bid. Mr. Wallace said that the approval of the plat cannot take place until this MOTION: matter is settled. COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT THE APPRAISAL BE REVIEWED, AND A BID DATE SET FOR THE 15TH AVE. S. W. STRIP OF LAND AT THE JUNE LOTH WORK MEETING. MOTION CARRIED. MOTION: COUNCILMAN NORDQUIST MADE A MOTION, WHICH WAS SECONDED BY COUNCILMAN GELLERT TO CONTINUE THE PRELIMINARY PLAT APPROVAL OF HERITAGE PARK FOR JUNE 24TH. MOTION CARRIED. APPLICATION FOR STREET USE PERMIT - EDMONDS DRY CLEANERS - 24" OVERHANG ON MAIN STREET SIDEWALK Dick Allen, Assistant City Engineer, reported on this matter. He recommended MOTION: approval. Following a brief discussion, COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO APPROVE THE APPLICATION FOR STREET USE PERMIT FOR THE EDMONDS DRY CLEANERS. MOTION CARRIED. FINAL PLAT APPROVAL - WOODLAND ESTATES #2 Mr. Allen stated that the applicant has not completed all of the requirements, and has run into some difficulty in meeting the maintenance bond time limit, MOTION: so he has requiested a postponement. COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN ANDERSON TO RE -SCHEDULE THIS ITEM TO THE 24TH OF JUNE. MOTION CARRIED. RESOLUTION TO WITHDRAW FROM SOCIAL SECURITY MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS RESOLUTION 4330. MOTION CARRIED. MOTION: REPORT ON AMBULANCE SITUATION Fire Chief Jack Copper handed out a full written report on the situation, which'; he reviewed. Attached to that report were copies of bills received by various people for ambulance charsges, a copy of the aid car responses starting in January of this year, which indicated the total number of calls and who transported. He said that Sno-King has two attendants and one dispatcher on duty at all times; one unit in service and one back-up unit. The personnel for the back-up units respond from their homes with an average 5 minute response for both day and night. Complaints have been received from persons stating that they have been asked to sit up on the stretcher in the ambulance and sign papers as to how the bill will be paid. Councilman Gellert asked how other ambulance companies usually handle this, and the Chief said that sometimes a member of the family is present and takes care of it, or perhaps it is done at the hospital after the patient is stabilized. Mr. Jim Astell was in the audience and explained the circumstances of his recent illness. He said he was transported by the ambulance and received a bill for $55.50. He feels that the citizens pay for the aid car via taxes and that our personnel is very will trained. He thinks that it is unfair not to be able to use their services. Mayor Harrison asked Chief Cooper if the aid car was able in the past to handle the emergency calls, and if we should go back to the former system. Chief Cooper said that he was very happy with it. Mrs. Elsie Hiatt said that when she needed emergency service recently, the aid car responded and then the ambulance came in and blicked her driveway. She was subsequently trnasported by the ambulance company and they reported her condtion as stable. She considered this to -be an error, since she was unconscious for two to three days. Councilman Anderson, who is Mrs. Hiatt's physician, confirmed her statement. More discussion followed. COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN ANDERSON THAT WE INSTRUCT THE CITY ATTORNEY TO RE -DRAFT THE ORDINANCE WITH RESPECT TO AMBULANCE SERVICE AND SET FOR DISCUSSION ON JUNE 24TH, WITH INSTRUCWNS THAT AID CAR BECOME PRIMARY VEHICLE TO TRANSPORT U 284 • EMERGENCIES; THAT AMBULANCE NO LONGER BE PERMITTTED TO MONITOR THE SHORT WAVE RADIO FOR PURPOSE OF BEING ADVISED OF THE SCENE OF AN ACCIDENT; AND THAT AMBULANCE BE PERMITTED TO OPERATE AT SPECIFIC REQUEST OF PRIVATE PARTY FOR TRANSPORTING; AND THAT THE DISTANCE TRANSPORTED SHALL BE THE SHORTEST DISTANCE AT THE DESCRETION OF THE AID CAR COMMANDER GIVEN THE CIRCUMSTANCES. MOTION CARRIED. PROPOSED ORDINANCE RE/SIDEYARD SETBACKS MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS ORDINANCE #1775, ADDING A NEW SUBSECTDN TO SEC. 12.10.050 (2) (d) PERMITTING ADJUSTMENT OF SIDEYARD SETBACKS IN ORDER TO PRESERVE TREES. MOTION CARRIED. REPORT RE/JUNIOR HIGH PROPERTY M.A.A. Ron Whaley, stated that a full report had been given to the Council for their review. DISCUSSION ON-:UNDERGROUNDING POLICY, AND PROPOSED GENERAL ORDINANCE The City Attorney said that the purpose of this was to adopt a policy by the Council with respect to undergrounding, He said he feels there is an area of regulation where you can require unaergrounding, but it must be tied to reasonable regulation. He said that it can be tied to a proper exercise of the police power on the major arterials where major street improvements are involved. In order to do this it must be tied to the health, safety and welfare of the general pwblic, and it can also be tied to esthetics and problems created -to pedestrians and vehicular traffic by the presence of power poles adjacent to the traveled portion of the roadway, etc. COUNCILWOMAN SHIPPEN MOVED, SECONDED BY COUNCILMAN ANDERSON THAT THE CITY ATTORNEY BE DIRECTED TO DRAFT A GENERAL ORDINANCE REGARDING UNDERGROUNDING WHICH IS SIMILAR TO THE REASONS OUTLINED IN'THE UNDERGROUNDING RESOLUTION OF INTENTION HE PREPARED OFR THE 5TH AVENUE IMPROVEMENT. Dick Allen said that in roadway design and looking at accident statistics, it is well understood in the engineering profession that roadway obstacles present safety problems. He said there are Federal programs underway right now mandating certain things to be done, such as breakaway signposts, etc. He said that a large percentage of accidents involving obstacles center around hitting utility poles. This is due to the large number and the fact that they -,.are adjacent to the roadways. In the past four months in the City of Edmonds we have had seven accidents involing utility poles. He mentioned that we have had complaints about camper trucks in downtown Edmonds being damaged by pbles while they were being parked. He said the 1 solid wood po es are a hazard in that they do not yield under impaca, unlike the newer poles thatare meta: with breakaway bolts, and are designed to shear off. Another hazard is the live electric wires. Mr. Allen said that structutures should be at least two feet behind the curb or even eliminated entirely. Underground wiring, he said, reduces conflicts with fixed objects. He said if we are going into some final improvements it would be best to eliminate as many roadside obstacles as we can, and if we cannot eliminate them, they should be located to the back and re -designed in such a way that they would shear off -like the breakaway poles or use other materials. The City Attorney said that the motion should be based upon the recommendation of the Engineer. Representatives of the Telephone Comapny were present, butdid not wish to comment:., THE MOTION WAS THEN VOTED UPON AND CARRIED. SET DATES FOR HEARING MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT TO PLACE THE AMENDMENT TO THE OFFICIAL STREET PLAN TO REMOVE SHELL VALLEY ROAD ON THE JUNE 17TH AGENDA. MOTION CARRIED. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PLACE THE AMENDMENT TO THE COMPREHENSIVE PLAN TO REMOVE PARK DESIGNATION FROM SHELL CREEK VALLEY ON THE JUNE 17TH.AGENDA. MOTION CARRIED. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT TO PLACE THE PRELIMINARY PLAT OF MEADWODALE VIEW ON THE JUNE 17TH AGENDA. MOTION CARRIED'; PROPOSED RESOLUTION TRANSFERRING $500 FROM CONTINGENCY FUND TO GENERAL FUND MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDER3N TO PASS RESOLUTION 4331. MOTION CARRIED. CLAIMS FOR DAMAGES Council asknowledged receipt of the Claim for Damages from Judith and Jim Walls. This was referred to the City Clerk for processing. There being no further business, the meeting was dajourned at 11:25 P.M. IREN VARNEY MORAN, ltv Clerk H. H. HARRISON, Mayor 1 r�L • 0