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19770315 City Council Minutes52 MOTION: away. He responded that the principal concern from the standpoint of regulation should be whether • the proposal of the proponent was going to impact the surrounding people. Further discussion concerned payment, manner of application for the option of using the in lieu of payment, and establishment and utilization of a Parking Commission. Also discussed was the appearance of fairness pertaining to the Mayor who had excused himself from this discussion because of his ownership of commercial property in the downtown area. It was suggested that if this ordinance were to be adopted it might be wise to make it effective January 1, 1978, so there could be no charge that it was done because the Mayor wanted it for personal reasons. This suggestion was countered with the statement that from the very beginning of the downtown parking discussions one of the basic reasons was to avoid sawtooth appearances, and that it could not be charged that this was being done for the Mayor's benefit. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE PURSUANT TO THE GENERAL OUTLINE OF THE COMMUNITY DEVELOPMENT DIRECTOR'S MEMORANDUM OF MARCH 2, 1977, BUT WITH THE FOLLOWING CHANGES: IN THE SECOND SECTION OF PARAGRAPH (2), BEGINNING WITH .'THE FUND SHALL BE USED EXCLUSIVELY FOR . . . " DELETE "PRELIMINARY STUDIES, PREPLANNING, PLANNING, . . . FINANCING, MAINTENANCE AND OPERATION OF OFF-STREET PARKING FACILITIES AND OTHER RELATED IMPROVEMENTS NECESSARY TO MAKE A COMPLETE PROJECT... SECONDLY, THAT A PARKING COMMISSION BE FORMED OF ONE DOWNTOWN TENANT MERCHANT, ONE LANDLORD, ONE MEMBER OF THE CITY COUNCIL, AND ONE SHOPPER, AND THE DUTIES WOULD INCLUDE, BUT NOT BE LIMITED TO, REVIEWING APPLICATIONS FOR PARKING PLANS, E.G., WITH NEW CONSTRUCTION ONLY, THE BUILDER WOULD APPLY TO THE PARKING COMMISSION, WHICH WOULD BE ADVISORY TO THE COUNCIL, FOR A PARKING PLAN. THIRDLY, THAT ALL MONIES PAID INTO AN IN LIEU OF FUND SHALL BE PAID ON A ONE-TO-ONE BASIS AND,MUST BE PAID IN FULL PRIOR,.TO._ISSUANGE_OF AN„0.000PANCY PERMIT. COUNCILMAN `GELLERT MOVED TO AMEND 'THE`MOTION' TO` -'ADD TO -THE 'DUT%ES` OF'THE PARKING COMMISSION TO ANNUALLY RECOMMEND FOR ADOPTION BY THE CITY COUNCIL THE IN LIEU OF PARKING FEE AND, FURTHER, THAT THE PARKING COMMISSION SHALL DEVELOP AND ANNUALLY UPDATE A PLAN OF PARKING LOTS FOR THE CITY OF EDMONDS. COUNCILMAN CARNS SECONDED THE MOTION TO AMEND.. THE.MOTION TO AMEND CARRIED, WITH COUNCIL- MAN HERB VOTING NO. A SECOND MOTION TO AMEND WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THE MEMBERS OF THE PARKING COMMISSION BE APPOINTED BY THE MAYOR AND CONFIRMED BY THE COUNCIL. MOTION TO AMEND CARRIED, WITH COUNCILMAN HERB VOTING NO. THE MAIN MOTION THEN CARRIED, WITH COUNCILMAN HERB VOTING NO. • There was no further business to come before the Council, and the meeting was adjourned at 10:35 p.m. IRENE ARNEY MORAN, Cip Clerk H.li. HARRISON, Mayor March 15, 1977 The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Pro tem Phil Clement in the Council Chambers of the Edmonds Civic Center. All present joined in the .flag salute. Mayor Harrison arrived directly after the roll call. PRESENT STAFF PRESENT Harve Harrison, Mayor J. Herb Gilbo, M.A.A. Ray Gould Leif Larson, Public Works Director Phil Clement Joe Wallis, Community Development Director Max Gellert Irene Varney Moran, City Clerk J.ohn Nordquist Lila Crosby, Finance Director Robert Anderson Jack Cooper, Fire.Chief Tom,Carns Marlo_Foster, Police Chief • Mike Herb Rod Garretson, Park Planning & Recreation Dir. Dick Allen, Assistant City Engineer Jack Weinz, Assistant Fire Chief Don Burton, Bufl.ding and Grounds Supt. John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk Mayor Harrison announced that members of the Edmonds Demolay Chapter were guests at this evening's meeting. Councilman Nordquist then introduced each of the members and noted they had spent the afternoon observing the City functions. The Mayor had declared March 15 Demolay Day and one boy had been assigned to the Mayor, department heads, and Councilmen for the afternoon and evening. CONSENT AGENDA (7:50 p.m.) Councilman Herb had a question regarding Item (C) on the Consent Agenda, Proposed Snohomish County Jail Contract, and asked that it be removed and discussed later in the meeting. It was agreed to MOTION: discuss it as Item 14 on the Agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE.THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. Prior to discussing MOTION: Item (C) later in the meeting, Councilman Herb had his question answered and COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN CARNS, THAT ITEM (C) BE INCLUDED AND APPROVED ON THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Approval of Minutes of March 8, 1977. 1 1 (B) Set April 5, 1977 for hearing on R.C. Resolution 549, recommending denial of a proposed amendment to .Official .Street Map.to;add .Gth ,Ave..:S,.::;..between :the :exi.sti.ng cul-de=sac and the northerly dead-end of 6th Ave. S., serving Paradise Lane, as set forth in File ST-3-77. (C) Approval of proposed Snohomish County Jail Contract. 53 March 15, 1977 (continued) MAYOR (7:51 p.m.) Mayor Harrison asked Fire Chief Jack Cooper to report.on the bids for replacement of fire hose. Chief Cooper reviewed the bids received and the guarantees from each bidder, which were the same from all. The Givens Company was the low bidder, and although the bid was for 1,000 feet of hose, Chief Cooper indicated the price would have been the same up to about 5,000 feet. He said $6,000 was in the budget for hose fn 1977 and he recommended purchasing as much hose as possible for that figure, which would be a total of 1,700 feet. He said he would need about 3,000 feet of hose to catch up with the replace- ment need. He also noted that the last purchase of hose was three years ago, and in previous years he had budgeted $2,000 or less so it did not have to go through the bid process. A MOTION WAS MADE BY MOTION: COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN CARNS, THAT THE BID OF GIVENS COMPANY BE ACCEPTED FOR 1,700 FEET OF 3z" FIRE HOSE AT A COST OF $5,878.24, TAX INCLUDED. MOTION CARRIED. Mayor Harrison asked City Attorney John Wallace to.present the Clarification of Agreement between the State of Washington Department of Fisheries, City of Edmonds, and the Port of Edmonds. Mr. Wallace said his office had received a telephone call this date from the Port of Edmonds attorney concerning an, amendment which IAC was requesting; i.e., inserting the from "transient" before the words "docking, moorage or berthing facilities. in paragraph 6.(e) on page 3 of the agreement. He said IAC apparently had problems creating permanent moorage for the use of a limited few. He said this change would only limit the type of use the Port could make of any docking, moorage, or berthing facility attached to the pier walkway. Mr. Wallace said`the request had'gone to the Port from the Fisheries Department and the Port had drafted the Clarification of Agreement. Gordon Maxwell was in the audience and he said the MOTION: Port will not stand in the way of this Clarification of Agreement. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, THAT THE MAYOR BE AUTHORIZED TO•EXECUTE.THE CLARIFICATION OF AGREEMENT AS PRESENTED. MOTION CARRIED. AUDIENCE (8:00 p.m.) Jim Shields of the Citizens Concerned for Their Community Association said his group had developed some. financial alternatives for the Junior High School which they would like to present to the Council. After MOTION: some discussion regarding the various groups concerned with this subject, A MOTION WAS MADE BY COUNCILMAN (Withdrawn) CARNS, SECONDED BY COUNCILMAN ANDERSON, TO ALLOW.THIS GROUP TO MAKE A PRESENTATION AT THE MARCH 22 MEETING. MOTION CARRIED. After further discussion it appeared that such presentation should be moved into April. MOTION: COUNCILMAN CARNS THEN WITHDREW HIS MOTION. A MOTION WAS MADE BY. COUNCILMAN HERB, SECONDED BY COUNCILMAN NORDQUIST, THAT JIM SHIELDS BE PERMITTED TO MAKE HIS PRESENTATION AT THE APRIL 5 MEETING. COUNCILMAN GELLERT THEN MOVED TO AMEND THE MOTION, SECONDED BY COUNCILMAN CLEMENT, TO INCLUDE ON THAT AGENDA ITEM A PRESENTATION OF THE AD HOC SPACE NEEDS COMMITTEE IF IT IS SO PREPARED AT THAT TIME. THE MOTION TO AMEND CARRIED. THE MAIN MOTION THEN CARRIED. PRESENTATION BY PUGET SOUND COLLEGE OF THE BIBLE RE PURCHASE OF JUNIOR HIGH SCHOOL (8:07 p.m.) Dr. John Parish, President of the Puget Sound College of the Bible, was present and had distributed a letter regarding the College and its intent as to the Junior High School. He said they will -not be housing students within the facility but plan to acquire nearby dormitory space. He commented that one of the major items of discussion had been the parking. He explained their needs for parking and felt the school. with its off-street parking spaces, together with parking at the dormitory, would entirely satisfy their parking needs. He did not feel there would be any parking problem.at all: He said he had been coordinating with Park Planning and Recreation Director Rod Garretson regarding facility usage, and he thought many of the present uses of the facility could be continued. Regarding continued use by the Sound Expression Theater, he felt there would be no problem as long as high moral codes were maintained. Dr. Parish asked that a decision regarding the City's option to purchase be made as early as possible to be fair to all concerned. In answer to a question, City Attorney John Wallace said a dormitory would be allowed in an RM zone, and Community Development Director Joe Wallis determined that approximately 26,000 sq. ft. would be necessary in an RMH zone for the size dormitory indicated by Dr.`Parish. Because of the number of people in the audience, Councilman Herb suggested that possibly the agenda should be readjusted, but those in the audience were present for several items, so A MOTION WAS MADE.BY MOTION: COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THE AGENDA BE HEARD AS SCHEDULED. MOTION CARRIED. PRELIMINARY MEETING RE UNDERGROUNDING COSTS ON PROPOSAL FOR STREET IMPROVEMENTS ON 77TH PL. W. & 209TH ST. S.W. (8:21 p.m.) Public Works Director Leif Larson said a petition had been received in January for improving the indicated streets to City standards, but without undergrounding. The Council had asked for estimates for under - grounding, which Mr. Larson had prepared and distributed. Mr. Larson noted, however, that a petition had been received this evening from homeowners in opposition to the improvements and that it was possible it would override the previous petition. After some discussion it was decided that the new petition should be verified before going.into this further.' Councilman Gellert asked that there also be a report as to where on the priority list this street would be for normal two-lane surfacing and possibly a single walkway sidewalk. Mr. Larson responded that as of this year there were no street funds for that and the only funds from FAM funds were for arterials and not residential streets. He said they would be eligible for half -cent gas tax funds. Mr. Larson will report at the -March 22 meeting regarding the sufficiency of signatures on the new petition in opposition to the LID. At this time Gordon Matthew, who had served as Demolay Mayor Pro tem, thanked the City for its hospitality, and the Demolay members left the meeting. PROPOSED ORDINANCE TO CANCEL LID 176, INACTIVE STREET IMPROVEMENT PROJECT NORTH OF 199TH ST. S.W., WEST OF 76TH AVE. W. (8:36 p.m.) Public Works Director Leif Larson reviewed the history of LID 176. Inasmuch as there had been no action on it since 1972, the State.Auditor had suggested it be cancelled. Mr. Larson concurred and said if it is 54 March 15, 1977 (continued) • was desired to go ahead with it, it should be .reinstated rather than continue on the previous basis. He said costs had gone up greatly since the estimates were given for it. A gentleman in the audience said there were conditions included in acquiring of the right-of-way which never had been met and eight or nine years had passed since that time, so he felt a statute of limitations would nullify the right-of-way. City Attorney John Wallace said it had been acquired in fee title and the City would own it subject to the fact that before the City could utilize it the conditions on the deed would have to be:met. He said the condition was that the City would extend the water and sanitary sewer service MOTION: to the property abutting on the east, without cost. to the grantors. After further discussion, A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, TO ADOPT ORDINANCE 1910, REPEALING ORDINANCE 1428 AND CANCELLING LID 176. MOTION CARRIED. STREET USE PERMIT APPLICATION FOR TIMOTHY JORGENSEN (8:52 p.m.) Public Works Director Leif Larson reviewed the history of this item. The applicant had begun construct- ing a fence along an old ivy hedge line, assuming it defined the right-of-way. The City was notified that he was constructing a fence within the City right-of-way.and he was subsequently advised to apply for a Street Use Permit. After his application was submitted a Petition was received signed by neighbors objecting to the fence. Subsequent to that, some signers of the petition submitted another petition indicating they had no objection to the fence. The incident evolved into a neighborhood dispute and since they could not resolve it the City Attorney had recommended it go to the Council for resolution. Mr. Larson said he had no objection to granting the Street Use Permit since it is a temporary permit only. He showed slides of the fence which is on Wharf St. and is about 4' high. Inasmuch as this type of subject is not ordinarily heard by the City Council, Councilman Gould read aloud the portion of the Code which gives guidelines for reviewing fences. The discussion was then opened to the public. Timothy Jorgensen presented drawings and photographs of the fence and also reviewed the background. He said he had personally contacted the four abutting neighbors and all had signed their approval of the application for Street Use Permit. He said they generally felt the fence would clean up an eyesore. He said he had filed the permit request and seven months later was notified it was not approved. He said Mr. Larson had stated he had failed to act on the application and in the meantime a number of residents signed the petition objecting. He contacted his neighbors and none was aware he had applied for the Street Use Permit. A meeting was held before the University Colony and the fence issue was addressed. He explained the purpose of the Street Use Permit and why he had applied for it, and the second petition was offered by a neighbor, requesting issuance of the Street Use Permit. He said nearly all the residents who signed the first petition rescinded their signatures and signed the second petition. He said the fence extends into the street about 62' at the east and diminishes to 22' at the other end. Mr. Jorgensen said he made an honest error in locating the fence and he was asking that he not have to remove it. He said the area residents are agreeable to temporary use of the City property with the understanding that he would not have any permanent use of the land and could not close off the access to the beach. Bill Wilson, an attorney speaking on behalf of himself and some of the neighbors involved, said the 'given He however, that Mr. Jorgensen had been applicant had a fair rendition of the history. said, advised by the Building Official to remove the fence and he did not believe this should be heard. He said the real concern by the residents is that they want to utilize the end of that street for their parking when they have guests, etc. He did not believe the City should allow the permit because the parking should be allowed for the citizens. Mr. Wilson misunderstood the ordinance, as he read it that the Street Use Permit could not be repealed. City Attorney John Wallace advised him that the permit could be cancelled upon 30 days' notice. Mr. Wilson felt this case should be heard in Superior Court rather than by the City Council. Wayne Swift of 18520 Soundview P1. said nobody present was farsighted enough to know what will be desired to be done with that street in the future, and Mr. Wallace reiterated the provisions for revocation. Joan Swift added that it is important to keep the public beach open and the citizens should not be denied the use of the additional 8' which she felt was involved. Marie King of 713 Laurel St. felt a serious precedent would be set by per-. mitting a private property owner to take part of a City street. She said more access to the water- front is needed, not less. Clifford Pryor of 18717 Soundview P1. said he had signed the petition • to grant the permit with the understanding it could be revoked at any time. He felt it would be a hardship on the applicant to have to move his fence back. The public discussion was then closed. MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, THAT THE CITY COUNCIL CONCUR WITH THE PUBLIC WORKS DIRECTOR'S CURRENT FINDINGS THAT THERE IS NO OBJECTION TO GRANTING THE STREET USE PERMIT SINCE IT IS A TEMPORARY PERMIT ONLY, AND GRANT THE STREET USE PERMIT. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN CARNS, HERB, AND ANDERSON VOTING YES, AND COUNCILMEN GOULD, CLEMENT, GELLERT, AND NORDQUIST VOTING NO. MOTION FAILED. ENGINEER'S RECOMMENDATION ON TRAFFIC CHANNELIZATION, 212TH ST. S.W. (FIVE CORNERS TO HIGHWAY 99) (10:05 p.m.) Public Works Director Leif Larson indicated ti�'e chahnelization study had resulted from some accidents and complaints occurring on 212th. Assistant City Engineer Dick Allen then reviewed what was being considered and where the problems lay. He said the traffic had increased on 212th to a very high level and that the accident rate was actually rather low for the amount of traffic. He said most of the problems centered around the 80th Ave. area where there is a .sight distance problem and poor lighting, and that sight obstructions along the street also add to the problem. The speed limit is 35 mph and he said'too many cars are exceeding that. Mr. Allen offered two channelization alternatives, both of which would require removal of some street parking. He said notices had been delivered to occupants along the area under consideration so they would be aware of.the hearing this evening. However, it was noted that the notices did not specifically indicate removal of street parking and, because of the small number of people in the audience for this subject, it was felt that they should be renotified and this matter discussed at a future date. Mike Nichols who has a dental lab at 8000 212th St. S.W. said his main concern is that someone is going to get hurt there. He said the high school drivers race through his parking lot to avoid the intersection at 80th. He was in favor of the chahnelization. Gordon Maxwell of 907 Alder suggested that the exit from the parking lot of the apartment house on the southeast corner of 80th/212th be made an exit to the right only and that the entrance to the lot be only from 80th. He noted that 55 • March 15, 1977'(continued) people make left hand turns going .in and out.of that.parking lot,.and these changes might alleviate the problem. He agreed that the traffic was too fast on'212th. The public discussion,was then.closed. MOTION: A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT, THAT THE.CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE REDUCING THE SPEED LIMIT ON 212TH,BETWEEN HIGHWAY 99 AND FIVE...CORNERS MOTION: TO-30 MPH. MOTION CARRIED. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORD- QUIST, THAT A HHARING BE SET FOR APRIL 19 REGARDING ELIMINATION OF PARKING ON 212TH. MOTION CARRIED. REVIEW ON USE OF CONSENT.AGENDA (10:40 p.m.) Councilman Nordquist had asked that the use of a .Consent Agenda be reviewed after six months. -and at this time he said he would like to commend City Clerk Irene Varney Moran for urging the use of this tool. There was general agreement that the use.of the Consent Agenda had been very successful. Councilman Gellert requested that in the -future any':ordinance appearing on the Consent Agenda be assigned a number. MOTION: Councilman Carns asked if'the verbal roll call could.not be eliminated. COUNCILMAN CANRS THEN MOVED, SECONDED BY -COUNCILMAN HERB, THAT THE'VERBAL ROLL CALL; BE ELIMINATED._ A,ROLL.CALL VOTE.WAS TAKEN, WITH COUNCILMEN CARNS, HERB, ANDERSON, GELLERT, AND GOULD VOTING YES, AND COUNCILMEN CLEMENT AND NORDQUIST VOTING NO. MOTION CARRIED. REVIEW OF POLICY REGARDING CLAIMS (10:45 p.m.) Councilman Gellert said this item should be only in.regard to extraordinary claims and none had occurred since the incidents which resulted in the request for this review. It was noted that generally after the claim is sent to the insurance company the City is not aware of the results unless the citizen returns to complain. Councilman Nordquist said that some time ago the Council had requested quarterly reports of claims and disposition. .1 is There was no further business.to come before the Council, and the meeting was adjourned at 10:46 p.m. IRENE VARNEY MORAN, ty Clerk H. H. HARRISON, Mayor March 22, 1977 The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. PRESENT Harve Harrison, Mayor Ray. Gould Phi-1 Clement Max Gellert John Nordquist Robert Anderson Tom Carns Mike Herb CONSENT AGENDA (7:35 p.m.) STAFF'PRESENT J. Herb Gilbo, M.A.A. Leif Larson, Public Works Director Joe Wallis, Community Development Director Irene Varney Moran, City Clerk Lila Crosby, Finance Director Jack Cooper, Fire Chief Don Burton, Building & Grounds Superintendent John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk Mayor Harrison asked that Item (C), "In Lieu Of" Parki.ng Ordinance,.be removed from the Consent Agenda; Councilman Nordquist asked that Item (G), Authorization of Call for Bids on Purchase of Fertilizer,.be :~ removed; and Councilman Carns asked that Item (H), Authorization of Call for Bids on Purchase of Mower, MOTION: be removed. A MOTION WAS MADE BY COUNCILMAN. CARNS, SECONDED BY COUNCILMAN NORDQUIST,. THAT THE BALANCE OF THE CONSENT AGENDA BE APPROVED. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Roll Call. (B) Approval of Minutes of'March 15, 1977. (D) Adoption of Ordinance 1911, adopting 1977 edition of APWA "Standard Specifications." (E) Authorization to sell surplus fire hydrants. .(F) Acknowledgment of receipt of Claim for Damages from Herbert L. Munson in the amount of _ $241.9.0. "IN LIEU OF" PARKING.ORDINANCE [Consent Agenda Item (C)] Mayor Harrison asked to be excused from this discussion because he owns property in the downtown business district. Mayor Pro tem Phil -Clement chaired the discussion. Community Development Director 40