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19800211 City Council Minutes486 MOTION: February 5,_1980 - continued • REPORT FROM CITY ATTORNEY REGARDING ORDINANCES FROM OTHER CITIES ON.THE SALE OF PARAPHERNALIA ASSOCIATED WITH CONTROLLED SUBSTANCES City Attorney John Wallace said the gist of his memorandum was that in all likelihood this was an area the City could regulate. He suggested they wait until .it is.seen what the State has done, and that'should be known within the next 30 days, after which.the Council could go forward with an ordinance regulating what they wanted to regulate. Councilman Carns commented that ' there is a."bandwagon" effect occurring in the State of Washington on this subject and he would expect such an ordinance -could be passed and held to be constitutional, but he suggested it be continued until some date after.the State legislature has considered .it. Mrs. Leila E. Black of 5403 144th P1.. S.W., Edmonds, said she was very concerned about this, issue. She said in her neighborhood there are teenagers who are subjected to subtle.pressure on the use of drugs. She realized that paraphernalia was a minor issue.in the use of drugs and illegal substances but she said when"the sale of such paraphernalia is permitted it appears.that the use of drugs is condoned. She felt that.almost any child of school age would be able to identify this para- phernalia for what it is. She commented.that the people.who spoke at the last hearing on this were the man who sells the items and someone who is not a resident of Edmonds, and she said she had heard that they sell these things because'they have a low cash flow and this makes up for what they do not sell in records. Although she had a feeling for.the small businessman in Edmonds, she felt he could choose a better.item to sell to make up those differences rather than sell the paraphernalia items, feeling -that the sale of the paraphernalia presents another subtle pressure to give into drugs. She.also felt some support should be shown for those young people who are trying to stand up to such pressures, and.that the legislature should be supported in their efforts regarding this issue. Mrs. Black said she is not.a public speaker and that it was difficult for her to do so, but her.earnestness was compelling and Mayor Harrison commended her on some well chosen remarks, and several.Counci.l members also..responded. Councilwoman Childers stated that most of the Council..agreed.that this is an .important area for consideration and-:they::all.,:were,concerned, but they just wanted to get enough information to get a workable, viable ordinance --something that would work for the citizens of Edmonds. Maryanne Carnes.of Langley, Washington, said she is a lobbyist for the State PTSA, and she was present to find out what Edmonds was going to do regarding this issue. She felt the bill in the legislature was a good one, if not necessarily perfect. She requested a copy of the City Attorney's report, feeling it could be helpful to her effort. A copy was given to.her. Councilman Carns expressed the hope that the City of Edmonds would pass an ordinace'that would severely restrict the sale of drug paraphernalia. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE CITY ATTORNEY PROVIDE ON MARCH 18, 1980 A PROPOSED ORDINANCE RESTRICTING THE SALE OF PARAPHERNALIA ASSOCIATED WITH THE SALE OF CONTROLLED SUBSTANCES. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned at 9:35 p.m. IRENE VARNEY MORAN, ty Clerk February 11, 1980 - Special Meeting .-HARVE,H.�HARRISON, Mayor A special 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 Harve Harrison, Mayor Jo -Anne Childers Bill Kasper Katherine Allen John Nordquist Ray Gould Larry Naughten CONSENT AGENDA STAFF PRESENT Charles Dibble, M.A.A. Fred Herzberg, Public Works Director Jim Adams, City Engineer John LaTourelle; Planning Consultant Mary Lou Block, Acting Planning'Div. Mgr. Irene Varney Moran, City Clerk Jack Weinz, Fire Chief Felix deMello, Buildings & Grounds Supt. Jim Murphy, City Attorney Jackie Parrett, Deputy City Clerk MOTION: Items (C) and--(F) were removed from the Consent Agenda. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, 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 February 5, 1980. (D) Passage of Resolution 460,setting date of March 4, 1980 for hearing on vacation of a portion of 98th Ave. W., north of SR'104, adjacent to Robin Hood Lanes Bowling Alley. (E) Adoption of Ordinance 2117, amending 1980 Salary Ordinance. 1 1 11 1 1 1 • d 487 February 11, 1980 - continued (G) Final acceptance of Yost. Park Chlorination Station and authorization to establish 30-day retai.nagq.:period (H) Final Acceptance of Lindbrook.Ccnstruction, Inc.,,portion of Three Million Gallon Water Tank Contract,�and''authorization to establish 30-day retainage period. ACKNOWLEDGMEN.T.OF RECEIPT OF CLAIMS FOR DAMAGES [Item (C) on Consent Agenda] 1 is 1 MOTION: MOTION: Claims for damages had .been received from Rosa Katzdorn in the amount of $326.43; Parkview Apartments -in the amount of $57..92; and Tony J. Peruchini, no amount stated. Councilman Nordouist asked whether the City Clerk had made provisions for Toni J: Peruchini to'furnish the amount of his claim. City Clerk Irene Varney Moran responded that she had not, that the insurance adjuster would determine that. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. PROPOSED RESOLUTION DEALING WITH OPEN SPACE ZONING Councilman Nordquist felt to require rezoning to Open Space of property that is under application for open space tax classification was too demanding because when the property owner wanted to remove it from that zoning to bring it back to a useful zoning he would have problems. Councilman Kasper said he.liad suggested this be investigated, but since that time he had noticed that there are bills in�the Senate and House of Representatives to make the minimum tax on open space property 50% on the assessed value, and if the property were rezoned down, -taxes would be lost if those bills pass. He inquired whether there were provisions for penalty if the property is removed from the open space classification early. Planning Consultant John LaTourelle responded .that there are penalties, but they are not large. Councilman, -Kasper -suggested the.item be tabled'until the legislature adjourns. lie noted that.ther.e had not been numerous applications and the City has some control over what goes into open space as two Council members sit on the determining board. 'Councilman Gould agreed that the County Commissioners go along generally with what the Council representatives indicate. He added.that the people who applied the last time told the board most fervently that their purpose was to.keep those properties in open space always, and that really was the rea-soning that generated the request for this resolution. He supported the.philosophy of the proposed resolution, but he noted that the legislature.would finish its session March 13 and he did not object to waiting to see what their action would be. COUNCILMAN KASPER MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO CONTINUE THE PROPOSED OPEN SPACE ZONING RESOLUTION TO MARCH 25, 1980. MOTION CARRIED. MAYOR Mayor Harrison said he wished to appoint Councilman Gould to the vacant position on the LEOFF MOTION: Disability Board. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN KASPER, TO CONFIRM THE MAYOR'S APPOINTMENT OF COUNCILMAN GOULD TO THE LEOFF DISABILITY BOARD. MOTION CARRIED. Mayor Harrison advised that the landscaper position on the ADB is vacant, and he proposed appointing Mike Mitchell, a County employee, to that 'position. Mr. Mitchell will be available for interview in the Mayor's office at 7:45 p.m., February 19, 1980. COUNCIL Councilman Nordquist noted that the Council had received a memo regarding the attendance requirements for the Board of Appeals, suggesting it.be excluded from the requirements established by the MOTION: Council.. COUNCILMAN i4ORDQiJiST MOVED, SECONDED BY COUNCILMAN KASPER, THAT A DISCUSSION OF THE BOARD OF APPEALS ATTENDANCE REQUIREMENTS BE PLACED ON THE FEBRUARY 26, 1980 COUNCIL AGENDA. MOTION CARRIED. Councilman Nordquist complimented Fire Chief Jack Weinz for his report on Fire Department activities for 1979, saying it was one.of the best reports received in many years. Councilman Gould noted that the Public Safety.Committee had met this evening and had examined the report.. They felt it was a fine report and -,appreciated receiving it. Councilman Nordquist rioted that a.letter had been received from the Woodlake Home Association requesting input regarding a settlement with JEDCO. Mayor Harrison said they will be notified of the action. Councilman.Nordquist distributed copies..of a proposed resolution commending Rosalynn Sumners for her excellence in figure skating and declaring February 14, 1960 "Fosalynn Sumners Day." MOTION: Councilman Nordquist read aloud the proposed resolution, following which COUNCILMIAN NORDQUiST MOVED, SECONDED BY COUNCILMAN GOULD,_TO PASS RESOLUTION 461, COMMENDING ROSALYNN SUMNERS. MOTION CARRIED. The resolution -will be.presented to heron the evening of Valentine's Day when she will be doing a skating exhibition. Councilman.Gould noted that a petition had been received from people on'James St. asking for reconsideration of the 2-hour parking limitation there. He suggested this be referred to the soon to be formed Planning Advisory Board. He noted also that there was a memo regarding the parking and storage of large commercial vehicles in residential areas, which he also felt should -be ' .,referred to the Planning Advisory Board. Mayor Harrison noted that there are two active coplaints to.the City on the second matter -and both are anxious to get a solution to MOTION: the problem. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN-NORDQUIST; TO REFER THE PETITION REGARDING .JAMES ST. PARKING TO THE PLANNING COMMISSION, INASMUCH AS'THE PARKING COMMISSION IS MOTION: NOT ACTIVE. MOTION CARRIED. COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO REFER.TO.,THE PLANNING COMMISSION THE MEMORANDUM REGARDING THE PARKING OF COMMERCIAL VEHICLES IN RESIDENT-IAL`ZONES. MOTION CARRIED. 4 1, February 11, 1980 - continued • Councilman Gould brought up for discussion the filling of the vacant Council position. Dates were. discussed for receiving applications and filling the -,position. COUNCILMAN NORDQUIST THEN MOTION: MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE COUNCIL POSITION FORMERLY HELD BY TOM CARNS BE DECLARED VACANT, AND RESUMES SUMMARIZING THE QUALIFICATIONS OF APPLICANTS BE SUBMITTED TO THE CITY CLERK'S OFFICE NO LATER THAN 5:00 P.M., MARCH 6, 1980, WITH ELECTION TO BE HELD BY THE COUNCIL AT THE MEETING OF MARCH 11, 1980. MOTION CARRIED. Interviews with the applicants will be scheduled on March 7 and 8. Councilman Naughten commended Councilman Nordquist and Judie Gilbo on their involvement in the new Council organization, thanking them for the abundance of information they have been providing. Councilwoman Childers advised that she will not be present'at the February 19 meeting. HEARING ON SR 524 Public Works Director Fred Herzberg reported that when meeting with.Mr..Zirkle of the Department of Transportation last week, they had been informed that the State does not have the money to acquire any right-of-way, and that the funds for the improvement had been reduced from $800,000 to $670,000. Mr. Herzberg then described a new proposal. The area under consideration was from Olympic Ave. to Olympic View Dr.' Mr. Herzberg proposed that the City acquire additional 3'- 5' of right-of-way, depending on the area, as opposed to the 5'- 10' previously proposed; that the City acquire permanent easements br other instruments for slope construction and transition in those areas where the right-of-way is less than 50'; and that the sidewalk go on the south side. The signal at Olympic will become a pedestrian actuated crossing light and also would be actuated by vehicles coming out.on Olympic View Dr: At the lower end of the improvement there would be three lanes., one going through to Sunset., one.in the middle for left turns, and one going in the opposite direction. Community Transit had recommended parking • shelters on both sides at Third and Caspers. -The public portion of the hearing was opened. Jim Mueller of 209 Caspers described some things he felt the City of Edmonds had done for the Department of Transportation over the years, and stated the Department of Transportation should now do something for the.C.ity of Edmonds. He noted that SR 524 will go through a mostly residential area, two sections being old, established, residential areas, and he asked that the property owners in those areas be given some consideration. He said the proposed improvement would place an area south of Caspers St. in violation of existing zoningrequirements because three houses would be 5'- 8' from it. He felt such a change may cause the property owners to want a change in the zoning of their properties to RM because of the changes to their properties, and that could begin the sprawling of multiple residences. He asked that serious consideration be given to having only two lanes on Caspers between 3rd and 7th and on Puget between Olympic View and llth. He felt there was not enough room for bus turnouts without buying additional properties. Dick Jones of 341 Caspers said the proposed improvement would devalue his property a great deal. He stated that traffic counts are down. Also, that the houses across the street from him would be impacted even more than hi.s.. He stated that the people east of Second are talking about trying to get a -change in zoning. .He -asked that consideration be given to the people who would be hurt by widening the street,.when it really is not needed. Roger Hertrich of 1020 Puget Dr. said he had been active in many of the issues that had come before the Council, so it was not only his particular area in which.he was interested. He stated that the traffic.is.more north/south than east/west. He asked why trees should be saved on the north side and hedges on the south side.should be taken.. His appeal was that excessive damage not be caused nor time lost on the project. He stated that at a public hearing on April 17, 1979 a motion was passed to take 5' of right-of-way from either side in front of his home on -Puget Dr., and if the road had to be expanded in that area he asked that the Council adhere to that decision. Joan Hertrich, same address, said there are a lot of trees on the south side • of the street, as well as on the north.side,.and if the Council decided to keep the original width of the road she felt they should remain with their original decision. Margaret Mettert of 408 3rd Ave. S., past president of the Federated Women's Clubs of Edmonds, said they are very interested in the beauty of Edmonds which is greatly enhanced by the fact that one cannot speed in most of Edmonds, and she felt this improvement would promote speeding. She did not understand why there would be a sidewalk which changes sides of the roadway as it would cause a pedestrian to cross the street twice. She felt a third lane is usually a safety hazard except in business areas, and she did not understand why trees on the north are more beautiful than the trees on the south. Nellie Burt of 1327 Olympic said she probably would be hurt the most by the widening of the road, and she agreed with what the.others had,said. Walt Schoeneberg of.1055 Puget, owner of the Joyce Apartments, said he had written .to Mr..Zirkle, and.he.read his letter aloud. Harold Huycke of 18223 84th P1. W. said he owns four apartment units at Olympic Ave. and Puget Dr. and his loss would be considerable if the road were widened. He said there are large trees on the corner of his property which would be lost. He also said -he had noticed very little foot traffic going down the hill. He felt a passing l.ane may increase the speed of traffic, and he felt the natural beauty should be kept rather than widening. the.road. Steve Callender of.820 Kindley Lane supported the project, and he pointed out that there would not be a passing lane but a two-way left turn.lane from Olympic Ave. westerly so people can make a left turn to their property. He said, -children walk to school.and people in Edmonds like to walk downtown. He said he would like.to come.out of Hindley Lane without "playing chicken" to get onto the street. He supported an improvement related to safety. He added that the drainage improvement would be a definite environmental improvement. Anne Spivey of 300 Caspers had addressed a letter to Councilwoman Allen since she was unable to be'present this at hearing. She questioned the need for the street being continued as a State highway since it no longer .is .. -4 89' • February 11, 1980 - continued a route to and from the ferry dock, SR 1.04 having.been designed for that. She felt that a turning lane was not necessary except -possibly where Puget Dr. becomes 9th..Ave. N. John Osterhaug of 1008 9th Ave. suggested the easement..be..extended. on.the north side, north, of the trees, putting the sidewalk there. Jim Muller did not..think.the traffic at-3rd..and Caspers, or llth and Puget Way was as.high'as had,been indicated, and'he questioned why a.current...trafficcount was not available. The public portion of the hearing was. closed. Councilwoman. Allen noted that there were.indications.on the record.from the rest of the City that 196th.had to be improved. Councilman Naughten stated that multiple zoning would not be permitted just becausea highway is widened. He felt that the left-turn.lane and sidewalk were safety factors, and he noted that the Council was not see -sawing back and forth on their decision, but they had found it would take $88,000 of the citizens' money to insist on their first decision. Councilman Gould raised the issue of undergrounding, noting that 81st to 88th had not been undergrounded because that was not where the view properties were located. He asked if there was an explanation for the reduction in State funding..- Mr. Herzberg responded that it was due to reduced consumption of gas, -resulting in less tax money, and also.that.inflation.was.catching up with all of their projects. Councilman Nordquist added..that Mr. Zirkle had indicated also that the commitment on the right-of-way.acquisition was not, in fact, a State Highway Department policy, and he could not understand,why the commitment had -been made. Councilman Kasper.felt the highway could be built within 45',-. He did not see a solution without three.lanes in the upper area.and he felt sidewalks were needed,.at.least on one side, as.long as it is retained as a State highway. Regarding the lower area, he noted that there will.be-increased traffic turning on 7th Ave. because of the expansion of the Holy -Rosary Church and school.. He questioned the need of three lanes west of 7th Ave., however, feeling that would be devastating. Councilman.Nordquist suggested there be three lanes from Olympic to 7th, but not beyond, and he saw no reason for three lanes between Olympic Ave. and MOTION: Olympic View Dr. Councilman Naughten wanted to research this- more. COUNCILMAN NAUGHTEN MOVED TO CONTINUE THE SR 524 DISCUSSION TO FEBRUARY 19, 1980. COUNCILMAN NORDQUIST SECONDED THE MOTION FOR DISCUSSION. Councilman Naughten said he would like to pursue some alternatives and make sure every avenue has been covered. Mayor Harrison.asked Mr. Herzberg to review the proposed sidewalk location, and Mr.�Herzberg indicated it on a drawing. Councilman Gould said he would like to see Councilman Kasper's- proposal marked on a drawing.and also where the bus pullouts are proposed. He was also interested in some different ideas on the sidewalk, for both the north and south sides. THE MOTION THEN CARRIED, WITH COUNCIL MEMBERS KASPER AND ALLEN VOTING NO. It was noted that the public hearing on the matter had been completed and there would be no hearing when the matter is next discussed. Councilman Kasper then proposed a motion changing the design to.eliminate the turning lane -in some areas, but Mayor Harrison ruled the.motion out of order.because the Council had asked for more - information to be considered, and .Councilman Kasper withdrew.h.is motion. PROPOSED ORDINANCE REORGANIZING.COMMUNITY.DEVELOPMENT DEPARTMENT MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THIS DISCUSSION BE,POSTPONED UNTIL THE COMMUNITY DEVELOPMENT COMMITTEE HAS. MET. MOTION CARRIED. There was no.further business to come before the Council, and the meeting adjourned at 10:05 p.m. IRENE._.VARNEY MORAN, Ci y'.Clerk . HARVE. H. HARRISON, Mayor February.19, 1980 The regular.meeting of the Edmonds .Ci.t .Council was called to order at 8:05 .m y p by Mayor Harve Harrison in the Council Chambers ofthe .Edmonds Civic Center... All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Jo-Anne.Childers Charles Dibble, M.A.A. Bill Kasper Fred Herzberg, Public Works Director Katherine Allen John LaTourel.le, Planning Consultant John Nordquist Ray Gould Irene Varney Moran, City Clerk Mary Lou Block, Acting Planning Div. Mgr. Larry Naughten Art Housler, Finance Director Jack Weinz, Fire Chief Jim Adams, Asst. City Engineer Wayne Tanaka, City Attorney Jim Murphy, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Councilwoman asked that Item (D) be removed from the Consent -Allen Agenda. COUNCILMAN GOULD MOVED, MOTION: SECONDED BY COUNCILMAN KASPER,.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 February 11, 1980. (C) Authorization to call for bids on February 27, 1980 for construction of fishing pier parking lot. •