19800812 City Council Minutes97
August 6, 1980 - continued
project. His recommendation was to accept the low bid. He noted that the bonds are issued with a
normal 10-year call, so.the City would be locked into these raies.for 10 years. After further
deliberation, COUNCILMAN NAUGHTEN MOVED, SECONDED BY..000NCI.LWOMAN GOETZ,.TQ ACCEPT THE LOW BID OF
SEATTLE-FIRST NATIONAL' BANK. A ROLL.CAL�L VOTE WAS TAKEN, WITH..COUNCILMAN KASPER THE ONLY NEGATIVE
VOTE. COUNCILMAN KASPER THEN CHANGED HIS VOTE TO YES IN ORDER TO HAVE A.UNANIMOUS-VOTE. THE MOTION
CARRIED.
The meeting adjourned at 11.:35 a.m.
r
IRENE'VARNE .MORAN., Ci Clerk HARVE H. HARRISON, Mayor -
August 12, 1980 - Work Meeting
The regular meeting of the Edmonds City Council was called to order at 8:10 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'Jaech
Fred Herzberg, Public Works Director
Bill Kasper
John LaTourelle, Planning Consultant
Katherine Allen
Art Housler, Finance Director
John Nordquist
Mary Lou Block, Planning Division Manager
Ray Gould
Jim Jessel, Parks & Recreation Director
Larry Naughten
Marlo Foster, Police Chief
Mary Goetz
Jack'Weinz, Fire Chief
Jim Adams, City Engineer
Jim -Murphy, City Attorney
Jackie Parrett, Deputy City Clerk
CONSENT AGENDA
COUNCILMAN.NAUGHTEN MOVED, SECONDED
CARRI=ED. ',hi60
BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT AGENDA. MOTION
pp.roved items on the
Consent Agenda included the following:
(A) Roll call.
(B) Approval of Minutes.of August 5, 1980.
(C) Setting date of August 26,.1980 for hearing on Shorelines Management Substantial Development
Permit -- Port of Edmonds, south side of ferry dock. (File SM-1-80)
(D) Report. on bids opened August 4, 1980 for sale of city -owned vehicles and equipment, and
award to high bidders.
• (E) Acceptance of Quit Claim Deed in conjunction wi'th.short subdivision --Barrett. (File S-
40-79)
COUNCIL
Councilman Naughten requested an Executive Session following this evening's meeting to discuss a
legal matter regarding the fishing pier parking lot.
Councilman.Nordquist advised.the audience of the pre -meeting activities for the August 19 Council
meeting, a.movie on growth/no'growth policies for cities at 7:00 p.m. and recognition of the City's
90th anniversary at 7:45 p.m.
Councilman Gould expressed thanks for.the report from the Public Works Director which reflected 1979
City. -property damage/vandalism.
Councilman.Kasper referred to.the...sale.of City -owned vehicles approved on the Consent Agenda, and he
asked what basis is used in establishing minimum bids. Public Works Director Fred Herzberg responded
that it is their best estimate of what they can get.
Counci.lwoman..Allen noted that a letter had been received from Snohomish County Executive Willis.
Tucker advising.the City of its option.to withdraw from the urban county consortium participation in
the Snohomi:sh County Housing and Community Development.Block Grant Program, and if the City wished
to withdraw it must inform the County and the HUD area office no later than October 1, 1980. Mayor
Harrison had. recommended that Edmonds stay in the consortium, and Councilwoman Allen agreed with
that recommendation. COUNCILMAN-NORDQU.IST MOVED, SECONDED.BY COUNCILMAN KASPER, THAT THE MAYOR BE
REQUESTED TO RESPOND TO MR. TUCKER, THANKING HIM AND ADVISING THAT THE CITY WISHES TO REMAIN IN THE
CONSORTIUM:,: MOTION CARRIED.
Councilwoman.Jaech asked when the final.draft of the Community Development Code would be available
for review.. Planning Division Manager Mary°Lou Block responded that the final draft had been received
August 12, 1980 - continued
the previous day and that copies would be made, but because of its size and cost to reproduce she
was interested in the Council's intent.as to the number to reproduce and make available. This was
discussed and it was felt it is important that the public be given.ample opportunity to review the
code. COUNCILWOMAN GOETZ MOVED, SECONDED BY COUNCILWOMAN JAECH THAT 40 COPIES OF THE -CODE BE
PRINTED AT THE COST OF CITY COUNCIL AND NECESSARY DISTRIBUTION BE MADE TO CITY OFFICIALS, COPIES
PLACED IN THE.LIBRARY, AND BE DISTRIBUTED TO THE PUBLIC. MOTION CARRIED.
Councilman Gould noted that a special City Council meeting had been held on August 6, 1980 at 11:00 a.m.
for the purpose of opening bids for the purchase of $3,400,000 par value of Limited Tax General
Obligation Bonds, proceeds of which will be used for the rehabilitation of the Frances E. Anderson
Cultural and Leisure Center. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO APPROVE THE
MINUTES OF THE SPECIAL COUNCIL MEETING OF AUGUST 6, 1980. MOTION CARRIED.
HEARING ON FERRY PARKING LOT FEES
Mayor Harrison discussed some of the costs involved in maintaining the lot, after which the hearing
was opened to the
public.
Floyd Smith, 814 Dayton, speaking personally and not in any official or semi-official capacity, said
he had been monitoring the lot, before.and after the parking fees were instituted, and since the
fees have been instituted the vacancy rate in the lot has increased greatly. He asked where those
cars now are parking, and his main concern was that the next thing would be the installation of -
parking meters in Edmonds, to which he 'objected strongly. He'was told there was no intent to install
parking meters on the streets of Edmonds and the costs of maintenance were explained, revealing the
likelihood that the fees would not cover the costs of maintenance.
•
W. S. McMillan of Kingston, Wa-shington', was concerned about.the legality and policy of char ing for
parking in this lot. He -said the State still owns the lot and he felt the State Highway Department
was trying to put on the City of Edmonds the State's responsibilities for maintaining the lot'. He
felt that the commuters were entitled to better treatment. He noted that since the parking fees
have been charged the lot is only,full on weekends when the.recreation people use it. He felt this
action was entirely contrary to the efforts to get people out of cars and into public transporta-
tion. He felt the lot should be turned back to the State Highway Department to take care of it.
Councilman Gould responded that he thought it was a "cop out" for him, as a policy maker, not to
regulate what is going on in this City. He said it is his job to have something to do with regulating
that parking lot if he can, and he felt local regulation is the best regulation.
Mary Lou Binns of Kingston, Washington, said she objected to having paid the monthly fee and not
having a reserved parking space. Her husband had returned Saturday afternoon at approximately
4:00 p.m. and there was no space to park, and on Monday afternoon she had surveyed.the lot and
discovered about 30% of the cars'did not have parking permits. She surveyed the lot again before
coming to this meeting and found the same situation. She had seen the occupants of two nonpaying
cars go over to Skippers this evening, and then one of .them --_ had noticed her checking and he'moved
his car to the Skippers lot. She felt the City should be checking these things and enforcing the
payment. Mayor Harrison responded that reserved spaces will be established, and Public Works Director
Fred Herzberg said that would be done by Friday, August 15. Police Chief Marlo Foster said they had
not been issuing citations, waiting for.the outcome of this meeting. He said the enforcement will
be stepped up when the policy is firm.
Sig Larson of Everett, Washington, said he works in Keyport, Washington-, as a civil service employee,
and he objected to the parking fees. He had used the parking lot previously but he said now he will
park elsewhere on the City's public streets. He -felt Edmonds had gone completely counter to what
the State has done with Park'and Ride lots.
•
Richard Carlson of Kingston, Washington, said he had not parked in the lot since the fees were
established, but he had incurred the wrath of the local business
people because he was parking
wherever he could on Main St. He said he no longer is shopping in..Edmonds because of this situation.
He added that when he bought his house'in Kingston a year ago the realtor told him there was free
parking on the Edmonds side. Mayor Harrison
responded that it is a matter of congestion and the
area is developing to the point that parking is becoming a great problem. He said the_City.is
exploring all kinds of ways to,improve the -parking situation,'and'he said'he hoped the commuters
could carpool to share the 'The
costs: public portion of the hearing was -then closed.
Councilwoman Jaech.noted.that Winslow charges $35 for a two
-month period for carpools of three or
more, and without a carpool it is $2
per.day. Councilwoman Goetz said•she.believed public agencies
should not be in competition with private industry, but the State legislature had changed that in
this instance so the City is faced with the problem. -She felt that through enforcement, and through
proper administration the parking pay for itself,
,lot�-would and.she was sorry and sympathetic.fo.r
what she had heard this evening. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO ADOPT
THE PARKING
LOT FEES AS PROVIDED.IN THE AUGUST 5,-1980 MEMO FROM THE PUBLIC WORKS DIRECTOR. Council-
man Gould said he expected the.income the
and expenses would be followed and if .the rates can be
lowered that will be done,so.a,profit.will not be,made. He:noted that the City is.working..closely
with the County transportation agency on improving the transportation delivery system, and it is
recognized that this 'is
aIdifficul;t problem for the,commuters and for -the people who live in Edmonds.
THE-MOTION.CARRIED,.WITH COUNCILWOMAN GOETZ.VOTI•NG NO.
COUNCILMAN.NAUGHTEN THEN MOVED,.SECONDED.BY•
COUNCILMAN GOULD, TO REVIEW THIS'bN OCTOBER 14, 1980 REGARDING..INCOME., ENFORCEMENT,
AND THE OTHER
THINGS STATED THIS EVEN) NG..•MOTION CARRIED.
•
August 12, 1980 - continued
Y'
HEARING ON.NEIGHBORHOOD COMPLAINT,REGARD.ING NOISE AT 20805 80TH W..
This complaint was made to the Council at the previous meeting, having to do with excessive noise
from race cars and dirt bikes. City Attorney Jim Murphy stated at the beginning of the hearing that
existing City ordinances on transitory noise are essentially none and general nuisance ordinaces are
so vague that they are difficult to enforce. He said his office would provide an ordinance dealing
with decibel count and.on a nuisance basis but it will not be a panacea. -He noted that it is difficult
'to have a policeman around with a.deci'bel counter and have him testify he knows how it works. Also,
one necessary thing is participation by those people being offended in the neighborhood; they -must
take the time and effort to'note the day, time, and what.took place, and keep a record to build up .
evidence of.a continuing nuisance.' That person then can testify. Councilman.Naughten thought if ,a
neighborhood has a problem and there is an ordinance on the books that can only be enforced by
proving the situation, then.the City.could have its law enforcement people take the time to be there
to record the information. Councilman Gould observed.that.there are two.possi-biliti,es-for action
...civil suit.'by'the people in'the neighborhood or criminal suit.by the City. Mr. Murphy added that
there.wouldhave to be eye witnesses.to.testify, and if.the person were found guilty the judge
probably would invoke a fine of $200 and suspend $150, and possibly a day or two in jail and suspend
that for six months if the violation is not repeated. He said the real enforcement comes by the
suspension part of the fine or jail sentence. As for a civil action, he said a restraining order
could be obtained, and the burden of proof is simpler, and a minor important advantage might be that
the court continues.to retain jurisdiction, so any subsequent violation is then a civil contempt.
After this introduction the public portion of the hearing was opened.
•
Jodine Sherin,.7905 207th P1. S.W., was the 'spokesperson•for 31 families in their neighborhood, 54
persons in those families having signed the petition presented to the.Council last week. Mrs.
Sherin said they had considered civil action but that is extremely expensive. She asked for ordinances
to cover their situation. Mrs. Sherin read a composite statement which was comprised of statements
made by various families who had been affected by the alleged actions of Mr. and Mrs. Fred'Rach who
the neighbors stated were disturbing the neighborhood by continued revving of a pro -stock race car
and a. `dirt bike. Mrs. Sherin cited incidents from mid-January_1980 to the present, giving dates and
times. (She later furnished the Clerk copies of her complete statement to be provided to the Council.)
In addition to describing the incidents she quoted statements allegedly made by Mr. Rach which
generally contained obscenities. She advised the Council that if any -of the language offended them,.
to remember that their children have to listen to it all -the time. In the recitation of events she
listed numerous calls by the neighbors to the Police Department, which she said always received
prompt response, but it appeared no records were kept of those calls. On July 28 official complaint
forms were filled out by five of the neighbors and given to Officer Oberg.
Ralph Darden of 20725 78th.P1. W..and George Dahlquist of 7920.209th P1. S.W. affirmed some of the
incidents described by Mrs. Sherin and Mr. Darden said the.car sounds like a bomb when it goes off.
Margot Rach, 20805 80th W., responded to the charges saying that except for two people none of the
neighbors,had spoken to her about.this: She said the car is their hobby and she supposed it was not
acceptable to a lot of people. She said the car cannot be revved up for five minutes straight or it
will burn out the engine. She said she admitted her husband's language is atrocious, and she.said
they had been childish in.some of the things they had said and done, but she asked if all these
people were so upset why hadn't they gone to the Rachs to say so. She responded to some of the
incidents cited, one -in which it was said.that Mr. Rach was seen carrying a large rifle from his
house and yelling, that he was -taking -it to be repaired and.it was not loaded. Another statement
had been made that.he had revved his pick-up truck for a long time at 5:00 a.m:, and Mrs. Rach said
that was not her•husband--it�was,her mother-in-law. Mrs. Rach said her husband flies off the handle
•
with his language, but he is not a violent man. The neighbors.had expressed fear because of his
violent temper: She added that they had never been told by the police that they could not start the
race 'car to put it on the trailer or that her son could not.ride his motorcycle, and that the only
time they start the car is to put it on the trailer. She noted that she lives on a cul-de-sac that
is a private road and -said -that is where her son rides.. She.felt a lot of statements made this
evening were out of context. Councilman Gould asked her.if the hydraulic system on the race car
would work when the engine is not operating so that it could be put on the trailer by means of a
winch. She said it could be pushed off the trailer but not on, because of the weight, and they do
not have a winch. Councilman Gould asked what her intent was now that she was aware of how 54
people in her neighborhood felt. She said did
she not know, but she suggested some form of compromise.
She said she supposed she could stop her son from riding the dirt bike, but she did not know what
they would do about the race car, and she could not speak for her husband. Mr. Murphy stated that
he had no idea of the enormity the situation
-of prior to hearing Mrs. Sherin speak and, assuming
.everything she said was true, this obviously was disturbing the peace and a noise ordinance is
not
necessary for that. Other charges he noted could be profanity in public and misuse of fireworks.
(A stateme'nt-had,been made that the Rachs
shot fireworks onto a neighbor's shake roof, and the
remains of.'the.fireworks were provided as proof.) Mr.. Murphy said he felt the City have
should a
noise ordinance, but it was not needed for this.
Police Chief Marlo Foster stated that he supposed some of the Police officers who responded to these
calls were sensitive to the situation
-and shared the problem, while others possibly were not so
sensitive., He said usually the underlying problem is not known to. -them, they only.treat the
symptoms.
He said'Officer Oberg did report it to the City Attorney'and the violations can be charged at any
time that the City Attorney the
and people decide it is timely. He had noted in his memorandum that
Officer Oberg had contacted the offending -family and.,advised.them
of possible -criminal action, but
he said it could not be predicted whether this contact would improve
or worsen the situation. He
said an eventual decision must -be made whether or not to institute criminal or civil action, and
that decision
should be made.by..the affected persons guided by the City Attorney and/or private
counsel. 'He noted that police officer action in
neighborhood disputes is effective only part of the
•
too
August 12, 1980 - continued
•
time, and that the.law requires that misdemeanors occur in the officer's presence in order to be
charged. He felt that passage of a noise ordinance would be helpful but it should not be considered
a complete solution to this or similar problems.
Kenneth Gray, 7915.207th.S.W., said that the car was the issue. Francis Holt,.20716 78th P1. W.,
asked that dispatches be made by telephone instead of radio because there are radio scanners.
George Dahlquist said the noise ordinace should .be a 24-hour- or.diinance'.:because . number of people
work shifts. Mary -Johnson, 114 Caspers, said.the swearing.read in the statement was not necessary
to be read and.was offensive to others.in the audience who were.at the.Council meeting as interested
citizens. Phil King, 7910 79th P1. S.W., said the neighborhood did not -want to force the Rachs to
get rid of the car or the motorcycle, but they don't want them starting the car. He felt they
should get a winch, and he.said the neighbors just want to get back to the normal, quiet neighborhood
they had prior to January --he had lived there four years. Mr.. King said he likes to watch race cars
but he does not like -them in his neighborhood, and•he noted .that.other children in the neighborhood
have. .dirt bikes;., but. he said. they ,b.el ong ,on dirt. The public portion of the hearing was closed, and
people present for this hearing left befdre any formal action was taken. Councilman Naughten spoke
with them and asked that they advise the Council in 30.days whether the problem is resolved. Council-
woman Goetz left at this time, 10:35. p.m., and Councilman Nordquist had left at approximately 10:00 p.m.
COUNCILMAN NAUGHTEN MOVED, SECONDED BY.000NCILMAN GOULD, THAT THE.CITY.ATTORNEY BE INSTRUCTED TO
DRAFT A NOISE ORDINANCE TO THE BEST OF HIS ABILITY AND PRESENT IT.TO.THE.COUNCIL SEPTEMBER 2, 1980.
MOTION CARRIED.
MID -YEAR FINANCIAL REVIEW
Finance Director Art Housler reviewed the City's financial status, noting that both revenues and
expenditures are down from 1979. A $180,000 ending cash balance is projected for 1980.
There was no further business to come before the Council, and the meeting adjourned to Executive
Session at 11:35 p.m.
IRENE VARNEY MORAN, &1ty Clerk HARVE H. HARRISON, Mayor
August 19, 1980
The regular meeting of the Edmonds City Council was called to order at 8:15 p.m. by Mayor Harve
Harrison in the Council Chambers of the Edmonds Civic Center. The meeting -was preceded by a brief
celebration in recognition of the City's 90th anniversary. All present joined in the flag salute..
PRESENT
Harve Harrison, Mayor
Jo -Anne Jaech
Bill Kasper
Katherine Allen
John Nordquist
Ray Gould
Mary Goetz
CONSENT AGENDA
ABSENT STAFF PRESENT
Larry-Naughten Charles Dibble, M.A.A.
Fred Herzberg, Public Works Director
Jim Adams, City Engineer
John LaTourelle, Planning Consultant
Mary Lou Block; Planning Division Manager
Irene Varney Moran, City.Clerk
Marlo Foster, Police, Chief
Jack Weinz, Fire Chief
Jim Jessel, Parks_& Recreation Director
Art Housler, Finance Director
Wayne Tanaka, City Attorney
Jim Murphy, City Attorney
Jackie Parrett, Deputy City Clerk
COUNCILWOMAN ALLEN MOVED, SECONDED BY.000NCILMAN NORDQUIST, TO APPROVE.THE CONSENT AGENDA, MOTION
CARRIED. The approved items on .the Consent Agenda' -included the following:
(A) Roll call.
(B) Approval of Minutes of August 12, 1980.
(C) Report on bids opened August 12 for 1980 street improvement projects and award -of -contract
to Associated Sand and Gravel for.$169,791.85.
(D) Final acceptance of work by.Zylstra Construction.for Senior.Center building improvements
and setting a 30-day retainage period.
COUNCIL
Councilman Nordquist.-suggested that.the-review ,of operating hours of convenience stores (Item 9.on
the agenda) be. moved up on the agenda... He. noted that the'.previbus,discussion' on this item did not
1
1
11
1
LJ
I-
1�
0