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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