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19801021 City Council Minutes• October 14, 1980 —continued Councilman Gould .asked Mr. Tanaka for a review of the.Council..'s.policy in determining whether to charge for vacated property, and Mr. Tanaka said it was.his.recollection that the inclination expressed was that if the present owner is the one who dedicated the property then he would get the property back free of charge, but if the person who dedicated the property was a previous owner then the present owner would be charged, the property owner on-eith'er.side of,the street being assessed 1/2 of the.appraised value. Councilman Gould felt that should apply in this instance. COUNCILMAN NAUGHTEN THEN MOVED, SECONDED BY COUNCILMAN GOULD, TO ACCEPT>THE PROPOSED VACATION AND THAT ALL REQUIRED EASEMENTS MUST BE DEDICATED; THE .CITY OF EDMONDS WILL RETAIN THE RIGHT TO EXERCISE AND GRANT EASEMENTS FOR THE CONSTRUCTION, REPAIR, AND MAINTENANCE OF PUBLIC UTILITIES AND SERVICES OVER THE LAND HEREBY VACATED; AND THE VACATED PROPERTY WILL BE APPRAISED AND THE COUNCIL NOTIFIED OF THE APPRAISED VALUE AND THE CITY WILL BE COMPENSATED FOR':THE VACATED 1AND THAT HAD BEEN DEDICATED BY PREVIOUS OWNERS. Mr. Tanaka stated..that the easements.mentioned should be checked by the Staff to be sure they are proper easements and convey what they are intended to convey. THE MOTION CARRIED. The ordinance amending the Official Street Map will be held until the ordinance enacting the intent of the motion is presented. Mr. Shields asked about the appeal process, and Mr. Tanaka advised him that after the Council passes the ordinance then the appeal is to Superior Court. HEARING.ON LIQUOR LICENSE APPLICATION.FOR CARROWS RESTAURANT Police Chief Marlo Foster had reported that the applicant.is a.corporation made up of shareholders, the major shareholder being a David Nancarrow. None of the.officers of the corporation has any criminal record. They operate two other restaurants in the State of Washington and are applying for liquor licenses for each of them. The location is zoned properly and other restaurants in the same area have liquor licenses. The application was for a Class H license, for consumption on premises. Chief Foster recommended approval of the application and of.the location. The hearing was opened, no one wished.to speak, and the hearing was closed. COUNCILWOMAN GOETZ MOVED, SECONDED BY COUNCILWOMAN • ALLEN, TO -APPROVE THE LIQUOR LICENSE APPLICATION FOR CARROWS RESTAURANT. THE MOTION CARRIED. REVIEW OF FERRY PARKING LOT PAID PARKING 1 1 1 City Clerk Irene Varney Moran reported that a total of.36 monthly parking permits had been issued and most are being renewed regularly. Receipts to date totaled $1,215, with some people paying for future months. She felt the procedure of operating the lot was. working well, and saw no reason to make any change. She noted that complaints about paying for the parking have dwindled. M.A.A. Charles Dibble added that there had been receipts of $1,521 from the parking meters in the lot. The report was accepted. There was no further business to come before the Council, and the meeting was adjourned at 9:30 p.m. IRENE VARNEY MORAN, City Verk October 21, 1980 607 ",i &,`_ ,, —i Harve H. Harrison, Mayor The.regular 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 ABSENT STAFF PRESENT Harve Harrison, Mayor Jo -Anne Jaech Bill Kasper Katherine Allen Ray Gould Larry 'Naughten Mary Goetz John Nordquist Charles Dibble, M.A.A. Fred Herzberg, Public Works Director Jim Adams,, City Engineer John LaTourelle, Community Develop. Dir. Irene Varney Moran, City Clerk Mary Lou Block, Planning Division Mgr. Art Housler, Finance Director Marlo Foster, Police Chief Jack Weinz, Fire Chief Jim Jessel, Parks & Recreation Director Judie Gilbo, Council Secretary Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk Councilman Nordquist had telephoned the City Clerk's office prior to the meeting to advise he would be out of town so could not be present at this evening's meeting. CONSENT.AGENDA Items (D) and.(F) were removed from the Consent Agenda. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPE°, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. .MOTION'CARRIED. The approved items on the Consent Agenda,included the following: 0).. Roll call. (B) Approval of Minutes.of October 14, 1980. October 21, 1980 - continued (C), Setting date of November 4, 1980 for hearing on rezone from.RMH-to BC property at 601, 605, and 611 Main St. (R-3-80) (E) Acceptance of construction of LID 207 by B & M Contractors, and establishment of 30-day retainage period. ACKNOWLEDGMENT_.OF RECEIPT.OF CLAIMJOR DAMAGES.FROM VERNA I. STOCKHAM Item D on Consent Agenda This claim for damages was for an estimated amount of $12,000. Councilwoman Goetz removed this item from the Consent Agenda to read the claim aloud for the audience, in order to acquaint them with a typical problem associated with the current water/sewer rate controversy. The claimant alleged that her.home was damaged because of failure of the City to monitor and maintain the water and streets:in a timely and thorough manner. Councilman Naughten added that there have been a large number of claims against the City in connection with drainage and these may affect the City's insurance rates. COUNCILMAN-GOULD MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO ACCEPT ITEM (D) ON THE'CONSENT AGENDA, ACKNOWLEDGING RECEIPT OF THE CLAIM FOR.DAMAGES. MOTION.CARRIED. APPROVAL OF.PERSONAL.VEHICLE MILEAGE.REIMBURSEMENT RATE [Item (F) on Consent Agenda] Councilman Naughten was concerned about -insurance for -an employee's car.when he is using it for City business. Finance Director Art Housler said the City's policy has an exclusion clause that provides that the employee is responsible for insuring that vehicle even if,it is being used on City business. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO APPROVE_ITEM (F) ON THE CONSENT AGENDA, INCREASING THE PERSONAL VEHICLE MILEAGE REIMBURSEMENT. RATE FOR.CITY.EMPLOYEES TO 20t PER MILE. MOTION CARRIED. • MAYOR Mayor Harrison advised that the terms of offi.ce.of two members of the.Architectural Design Board will expire November 5, 1980, and he asked for confirmation of their reappointments to that board. Each has served only one term. COUNCILMAN GOULD MOVED,'SECONDED•BY COUNCILMAN KASPER, TO CONFIRM THE MAYOR'S REAPPOINTMENT OF WARREN.LaFON TO POSITION 7 ON THE ARCHITECTURAL DESIGN BOARD, TERM TO EXPIRE.NOVEMBER 5, 1984. MOTION CARRIED. COUNCILMAN KASPER MOVED, SECONDED BY COUNCILWOMAN ALLEN.' TO CONFIRM THE MAYOR'S REAPPOINTMENT OF KEN MATTSON TO POSITION 2 ON THE ARCHITECTURAL DESIGN BOARD, TERM TO EXPIRE NOVEMBER 5, 1984. MOTION.CARRIED. Councilman Gould commented that he felt reappointment of these .two people was very appropriate as they both have been very good members. He noted that they have been outspoken and not at all bashful and have provided excellent input. Mayor Harrison noted that Councilwoman. Goetz had asked that he.check with the postmaster regarding the refusal to allow the City newsletter to go out under the bulk mailing permit. The City Clerk had contacted.the post office and, after investigation, the postmaster agreed that municipalities could indeed send out such..literature under bulk mailing permits. -Future-newsl'etters will -be so mailed, at a cost of 8.4t per newsletter. COUNCIL Councilwoman Jaech advised that she would be unable to attend the October 24, 1980 management break- fast because she will be attending a seminar. Councilwoman Jaech asked whether the requested list of firms who could do research and cost projections in connection with the water/sewer rates would be.available by -next week's hearing. Finance Director Art Housler responded that the Staff would like -to have.more definitive specifics as to exactly what they should be doing with the rate structure. He said the Council had.requested that rate alternatives • be examined in going to flat rates. of $7,.$8,.$9, or $10, and they.cur.rently were working on that, but they must know what capital improvements are to be included or whether maintenance and operation costs only through 1981 should be included. Councilwoman -Allen thought the Council only wanted to know the income from each of those rate.levels and how far such income would go, and then.they would study it. Then, she believed, the consensus was that it would be turned over to a consultant. Mr-. Housler said the preliminary determination so far.was that none of the capital improvement programs could be financed under the flat rates, and he -asked whether he should.include some of the capital improvements with.a.higher rate. He was told to do so with an incremental schedule, and thatthe• water rate would staythe same as it is with the replacement lines included. Councilwoman Jaech': noted that a request had been received.to consider.rescheduling.the.water/sewer rate hearing because the presidential candidates' debate will be telecast that evening. .No action was taken in that regard. Councilman Naughten referred to the Mayor's.budget message, advance copies of which had been given to the Council members, and the content of which had appeared in a local newspaper. Councilman Naughten expressed surprise that the Mayor felt.it was necessary.to eliminate some supervisory positions in.order to balance the budget. :He said he thought such things were to be discussed in Executive Session, and he noted there was nothing mentioned about the possibility of selling excess City land. He went on to say that the Council had received a confidential memorandum from the Mayor regarding M.A.A. Dibble and that -also appeared in the newspaper. He felt there should be.a respon- sibility to.the City employees to take.a.close look at all departments and all jobs to see if the City is getting the:best it is paying -for, and to proceed very slowly with any changes, as to do otherwise.is very destructive to morale. He.added that the.newspaper article gave a figure for the 1981 budget which he had not heard previously. Councilwoman Jaech suggested that aside from balancing the 1981 budget the structure of the City should be examined to see whether it should be changed prior to moving -any -people. She said part of the water/sewer.r.ate study should be to determine • October 21, 1980 - continued whether the utility department is:operating efficiently and..whether it is over/under staffed. Councilwoman Goetz agreed that:.a.con,sultan.t.cou,l.d tell them whether,.there is any supervisory "fat," but she said she really did -not think there is at this time.-. She.questioned the Mayor about the conversiori-of some CETA positions when those funds no longer are available. Councilman Gould said that inasmuchtas.the budget message had become a public issue he would like to.ask.some questions. Mayor Harrison,then read aloud.the budget message and said.he.had no idea how the confidential memos reached the newspaper. Councilman Gould.said he realized the.Mayor was making.an effort to balance the budget, but.he noted that it is notunusual for the budget to.go to the Council out of balance - and for .the Council �o look for ways.to balance it. In the budget message it was suggested that several positions be.combined,.and.Councilman Gould asked which people would be eliminated in those specified cases. Mayor Harrison. responded that he felt it.was not necessary to state that at this time. In answer to other questions -he said the positions of Public Works Director and City Engineer would be consolidated into one position as it previously was, -and with the elimination of the Community Development Director position there would be a return to the previous structure with a City Planner in'charge of the department. Regarding elimination of a court clerk position, he said that could be done through efficiencies, noting that the court office was increased by one last year and could be decreased by one next year. He said the M.A.A. had been involved in some of the 1981 budget preparation, but not in the budget message. He was asked if he had the understanding and agreement of any of the department heads with regard to his message, and if so, whom, and he responded that this was the - judgment.of.the Mayor, that it was.a political statement, and.ultimately the Council will determine whether or not _these positions will be eliminated. He said.he had not conducted a survey to make these determinations but they were done on judgment. As to his own pay, he said it would not be affected at all. Councilman Gould felt there had to be other alternatives, noting that five exempt positions had been eliminated in recent years and that it.is important that the resulting organization be'effective and efficient in their dealings with citizens' problems. He asked to see a total • employee count forthe past five _years (1975-1979), including both exempt and nonexempt. Councilwoman Jaech added that contract serv.ices,.CETA employees, and.part-time employees should be segregated and listed. She said the Mayor had presented them with some ideas for balancing the budget, but they needed to have i.nformation.based on a logical and factual foundation. Mayor Harrison said he thought he did support his suggestions in the budget message and that it is impossible to cut anymore from capital improvements or materials, so nothing is left but personnel. His recommendation was to cut from the top supervisory level because he felt the City.was too heavy in that level. Councilman Gould stated that the City presently has department head staff who -are very capable technical people, and.that was not always so; and if they were lost he felt the City would lose some of its capacity to continue to make improvements. Councilwoman Goetz noted that at the direction of the Mayor, M.A.A. Dibble had looked into the Edmonds/Mountlake Terrace sewer agreement, finding that the. City had underbilled Mountlake Terrace since 1971, and he stated the reason for this problem was that.in the past there had not been enough technical and managerial talent.in the City departments to..negotiate and administer such agreements properly, as some people were not. qualified or else had to cover too many bases. Councilwoman Goetz said it would be counterproduct,i:ve to lose the City's administrators, and Mayor Harrison agreed. Councilwoman All.en.sai-d-some good questions had been raised this evening, and she noted that the hearings.on the budget had -been scheduled and that everyone was invited to attend. Councilwoman Allen noted that she had questioned whether the Sprague St. LID could be reconsidered, and City Attorney Wayne Tanaka.had provided a written response. Mr. Tanaka explained that if the Council decides to widen the scope.of the LID then there should be notice to those involved and essentially -they would have to start over, providing a.new assessment roll. Councilman Naughten noted that:.:the Council also had received the requestedinformation on street standards as included in Resolution 393, dated February 21, 1978, and the standard.recommended for this LI-D falls within the range stated in that reso.lution.. Regarding protesting of the LID., Mr. Tanaka said protests can be made for 30 days after passage, but the protests.must include 60% of the -assessed valuation to stop the LID,_*and it was his -understanding that the Harrises and McGinnesses had 74%, so the balance •. would not be enough to stop it.. (This subject was addressed again in the "Audience" portion of the meeting.) Councilman Naughten said there.was a report from the task.force which had been appointed to consider telephone problems being experienced with C.ity's telephone system,, and he invited Judie Gilbo, chairman of that task force, to present the report to the rest of the the Council. Ms. Gilbo discussed some of the problems which have been experienced.. She said the system is now used to its capacity, numerous repair calls are placed each month, and the lines to the Recreation.Department frequently are out all together. Calls frequently are lost during.transfers and calls going to the Public'Works,Department have to go through two operators before reaching the party called. It is often.di'fficult to find a free outside line without trying repetitively, and time is wasted with rotary; dialing instead of pushbutton. Proposals from five telephone systems were studied by the task force, and their recommendation was a ten-year lease.agreement with Executone Northwest for their Executone B-1000. The increased cost would be $86,.60 per month. Ms. Gilbo described the benefits of'this system, feeling they outweighed by far the increased cost. She also felt that increased cost would be offset by savings experienced with the proposed system. She said this had been included in the 1981 budget, except.for two items which had been overlooked. A fan for the telephone room is -a necessity, at.a cost of $250, and an option of music when a call is placed on hold would cost $1.00. The proposal was discussed and questions about the system were asked. The existing contract with General Telephone will soon expire, and Councilman Gould suggested extending that contract until .this is worked out.in the budget process. Councilman Kasper felt it should go to the Finance'Committee. Ms..Gilbo said if the existing system is to be retained there is a lot of work -that has to,be done on it which will be expensive, and Executone had frozen their price while the study was being made and she did not know if the price would hold if the decision were delayed' She also pointed out that there would be no maintenance charges for two -and years that service calls will be guaranteed to -be made within two hours of the requests. Councilman Naughten felt the efficiencies indicated in the report justified the additional $1,000 per year, and Councilwoman Goetz noted that the school district went to a new telephone system approximately a year ago for the same reasons and they have been very satisfied with the new system. She felt the proposal would be cost efficient. COUNCILMAN NAUGHTEN • MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE MAYOR BE 136 October 21, 1980 - continued • AUTHORIZED TO SIGN A LEASE AGREEMENT ON THE TERMS INDICATED, SUBJECT TO THE REVIEW OF THE CITY ATTORNEY. MOTION CARRIED, WITH COUNCILMAN KASPER VOTING NO. Councilwoman Jaech noted that there was an item on the extended agenda for October 28 designated "Appointment of Hearing Examiner," and she felt the Council should get.some background information on the person the Mayor selects prior to that meeting, and she said she also w_ouldlike'to see a. list of those interviewed. Mayor Harrison said he would provide an extensive background on the person selected and that the Council could interview that person prior to confirmation. He sug- gested that the date of appointment be -postponed because the interviewswere not yet completed. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, THAT THE.APPOINTMENT OF THE HEARING EXAMINER BE POSTPONED FOR ONE WEEK, TO NOVEMBER 4, 1980. MOTION CARRIED. It.was indicated that the -Council would interview the appointee the evening of appointment, prior to the meeting. Lloyd Ostrom, 711_Puget Lane, President of the Edmonds -Council -of Concerned Citizens, presented a-* letter to the Council which he read aloud and which indicated that they felt the process for imple- menting the new Community Development Code was inordinately time-consuming. They recommended that the Council consider placing a moratorium on all building permit applications for commercial buildings, multiple -family residential buildings, and PRDs which do not conform to the specifications outlined in.the,new Code.. City Attorney Wayne Tanaka responded that the intent of the group probably was to prevent someone from vesting his rights under the existing Code, but in,Washington a person's right to construct vests when he obtains a building permit. He noted that almost every other state has a different rule, but -the Washington State Supreme Court adopted the rule they have in order to avoid the very thing suggested here. He said that while the Council is empowered to impose a moratorium he would have.serious doubts as to whether or -not such a move would divest someone from building under the current Code if he submitted.a.proper building permit application and met all the require- ments of the current City Code. Mr. Ostrom said he was not surprised at Mr. Tanaka's interpretation • beeayse,the City Staff typically has taken the posture of protecting the rights of the developer over those of the people.. He suggested then.that a building moratorium be put on al,l building applications for the types of construction he had indicated, not only those not meeting the new Code requirements. He alleged -that there is no haste on the part of the City Staff to get the new Code going, and that the intent of the new Code was -to protect the property rights of thousands of.people and this protects just a handful. COUNCILMAN,NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT IN ACCORDANCE WITH THE COUNCIL'S USUAL PROCEDURE FOR HANDLING REQUESTS,FROM THE AUDIENCE, THE CONCEPT PRESENTED BY MR. OSTROM BE PLACED ON THE AGENDA FOR DISCUSSION ON OCTOBER 28, 1980. Councilman Gould stated that he had worked hard for this new Code but he had problems with a moratorium. He said the City Attorney had explained to the Council after they adopted the Code all the things that had to take place to implement it and when they would happen, and some of those actions are A ndicated on the extended agenda. In addition, when people have asked him when it would be implemented he has been telling them that it would be about the first of the year. Councilwoman Allen added that the job is not yet done until the final hearings take place, and-s.he did not see how they could move much faster in -finishing that process. Laura Hall,- 1140 Edmonds St., said a moratorium in the long run would cause a rush of applications -and would not accomplish what Mr. Ostrom was intending. She said they needed to be patient just a couple of months longer. THE MOTION THEN CARRIED. ' ' Ray Martin, 18704 94th Ave. W., also.representing the Edmonds Concerned Council of Citizens asked about the appo.intmen-ts to the Planning Advisory Board,*and he was told the Mayor would make those appointments. He then referred to the newspaper article the previous day about the Mayor's * budget message and said there have to be some other alternatives to balance the budget. He'expressed the opinion that Mr. Dibble is a good manager and could be used more effectively. Bill Whiteside, 747 Sprague St., said he could not hear what Mr.,Tanaka had said earlier about the street standards. Councilman Naughton advised that Resolution 393, dated February 21, 1978, had revised some of the street standards. Mr. Whiteside asked if a,resolution would stand up in court, • and Mr. Tanaka said for this purpose a resolution is as good as an ordinance. He reiterated the' protest -provisions. Mr. Whiteside said the Harrises and McGinnesses have less than 60% of the assessed valuation., not 70%, and the other parties would like to compromise with them, but they want a 28' street. Mr. Tanaka advised him that the LID procedure is very precise and is set by State law, so the City cannot change it. STAFF MEMBER OF-SUBREGIONAL COUNCIL OF GOVERNMENTS TO MAKE POLICY PRESENTATION, AND COUNCIL DISCUSSION AND CONSIDERATION OF ADOPTION OF REGIONAL POLICY Ron McConnell of the Puget Sound Council of Governments discussed the. subregional policies as to growth management. He provided copies of the document outlining these policies and asked that the Council consider endorsing it. The philosophy of the document i's to utilize existing facilities (streets, utilities, etc.) in managing the large amount of growth expected in the next 20 years. Mr. McConnell said he would like to return i•n the near future to seek the Council's support of -the document. COUNCILWOMAN ALLEN MOVED, SECONDED'BY COUNCILMAN CASPER., TO SCHEDULE MR. McCONNELL'S RETURN FOR NOVEMBER 1 0, 1980, WHICH IS A MONDAY WORK MEETING. MOTION CARRIED WITH COUNCILWOMAN GOETZ ABSTAINING BECAUSE SHE WAS NOT PRESENT WHEN THE MOTION WAS MADE. HEARING FOR FORMULATION OF CYPRUS PL. LID J. Gaylord Riach, attorney for the applicant, asked for a continuance of this hearing because a settlement had been suggested between the parties for acquisition of the right-of-way which otherwise the City would.have. to acquire by..condemnation. He proposed a,date early in 1981. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO CONTINUE THE SUBJECT HEARING TO JANUARY 6, 1981. MOTION CARRIED.. *See 10/28/80, page-140 137 • October 21, 1980 - continued HEARING-ON.PROPOSED NOISE ORDINANCE Police Chief Marlo Foster reported that 'the proposed Noise Ordinance had been de livered to the Department of Ecology and now was presented together with the comments from them. He suggested that a Noise Control.Administrator.be. appointed in conjunction with adoption of the proposed ordinance, and he provided'an extract.from the City of Everett's Noise,Ordinance outlining the duties of their Noise.Control Administrator.. He said an existing employee would take.on this additional appointment, and the City of.Everett had suggested it be a planner. He added that no equipment had been selected, and the Department of Ecology would lend the City some equipment so it can be determined what is best suited,for its needs. The hearing was opened to the public. Eileen Owen,.18508 80th W., said there should be.noise restrictions for heat pumps. She said there is one on the house next to hers and inside her living room, with the windows -closed, she -got a noise reading of 64 decibels. She said she can hear it in every room of her house and it is on and off.every"1.5 minutes, all.year long. City Attorney Wayne Tanaka said there is a section that would prohibit le.vels.over 55 dB(A) (sound level measured in decibels using the "A",weighting network on a sound level.meter). He said that level is set by the Department of Ecology and drops 10 dB(A) at night.. Mrs. Owen added that the reading she took was taken after the heat pump was enclosed and baffling put on it. Laura Hall., 1140.Edmonds St., said she.lives in an area of several swimming pools and they can malfunction.and cause such noises, and when there are several in the neighborhood it can be very disturbing— She asked whether construction hours would be limited by this ordinance. Lloyd Ostrom, 711' Puget Lane, said he appreciated the fact that this kind of ordinance was being considered, and he asked what the procedure would be to get some action when there is -an infraction. "Chief • Foster said the procedure would be to call the police. Barry Birch, 20905 Woodlake, questioned several portions of the proposed ordinance. He again asked that construction not be allowed on weekends or holidays and that the permitted evening hours be shortened from 10:00 p.m. to 8:00 or 9:00 p.m. He thought that Lynnwood's hours were -more restrictive. Mr. Tanaka -said the Department of Ecology establishes construction sound levels, and the City's ordinance must comply with the'State levels unless the City can convince them there is reason for the City of Edmonds to be an exception. Chief Foster interjected that Lynnwood's ordinance was passed in-1962 and the Department of Ecology came into being in.1974. Mr. Birch also asked that construction be included as a public disturbance noise for other than normal working hours. Mr. Tanaka said the EPA says that must be exempt. "Laura Hall, 1140 Edmonds St.., said when Emerald Hills was being developed the neighborhood put up with six years of what was called "temporary" construction, and when she finally asked them to reduce the hours of construction they did. She felt this should.be addressed with the State. Jim.Chapman, 23321 75th W., representing the Lake Ballinger Community Club, said the club had voted to endorse -the concept of a noise ordinance. He agreed with an earlier comment by Chief Foster that a citizen's complaint form would give residents a legitimate way of handling a problem to give them some assurance the problem would get attention. He felt the modification to maximum.permissible sound levels on page 4 should be changed to make it less, and that all of the exemptions listed in 5.35.090B should be moved'to 5.35.100, making them exempt during daytime hours only: Also, he felt exempt -sounds created by emergency equipment should be exempt only under emergency situations. Gordon Bowers, 7708 196th S.W., expressed appreciation for efforts in developing a noise ordinance. He felt motorcycles, even those under 5 h.p., should be controlled, saying the horsepower does not determine the amount of irritation from the noise. He also was concerned about barking dogs. • John Osterhaug, 1008 9th N.,'said a residence next to his has a heat pump and he took a reading this date at the property line and it was 64 dB(A). He supported the need for this control. lie felt there should be some control before the fact when it came to heat pumps because they are very expensive. He thought builders and prospective owners should be made aware of the noise level limitations before the installation, and he suggested it could be addressed at the building permit level. George Dahlquist, 7920 209th S.W., thanked the Council for the action taken on this.` He had been involved in a neighborhood.noise problem which went before the Council. He noted that the section on mufflers -was in conflict with RCW. 46 dealing with motor vehicle equipment and which states the muffler will reduce the sound of the vehicle to its original stock manufacture. He also noted that a lot of noise is created by apartments and in Mountlake Terrace they hold the manager in first accountability for noise problems. Swan Seberg, 8006 206th S.W.., said barking dogs should be under noise control instead of animal also felt .control.He motorcycle noise"should be kept.to..a minimum. No one else wished to speak, and the public portion of the hearing was closed. COUNCILMAN.NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD ,'THAT ON:PAGE.6 OF THE PROPOSED ORDINANCE, IN THE FIRST PARAGRAPH OF 5.35.100, ON THE THIRD LINE; THE HOURS BE CHANGED TO 10:00 A.M. AND 6:00 P.M. (INSTEAD OF 9:00 A.M. AND lO:'00 P.M.). Councilman Gould said the justification be would that Edmonds is mostly residential in character. MOTION -CARRIED. 'COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD, THAT ON PAGE 6 ITEM B UNDER.5.35.090 BE MOVED TO 5.35.100. MOTION CARRIED.. _It was agreed that heat pumps should be put into the"Bui°lding Department checklist. COUNCILMAN GOULD MOVED., -SECONDED BY COUNCILMAN NAUGHTEN, THAT.ON.PAGE..5., 5.35..070 (MUFFLERS), IT BE INSERTED THAT THE MUFFLER OPERATION HAS TO.MEET REQUIRE- MENTS OF RCW..46.37'.390. MOTION CARRIED. COUNCILMAN GOULD-MOVED SECONDED BY COUNCILWOMAN.ALLEN, TO CORRECT' SECTION -THE, NUMBER 5.35.130 (ON PAGE 7) TO 5.35.120. MOTION CARRIED. Councilman Gould observedjhat this`ordinance will be difficult to administer.but every effort should be made to do so. COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO ACCEPT THE CHANGES TO THE PROPOSED ORDINANCE INDICATED BY CHIEF FOSTER IN HIS MEMORANDUM OF OCTOBER 16, 1980 WHICH ARE NUMBERED October 21, 1980 - continued • 1-7, 9, 10, AND 12. MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO DIRECT THE CITY. ATTORNEY TO PREPARE AN ORDINANCE BASED ON THE PROPOSED ORDINANCE AS.AMENDED THIS EVENING, TO PRESENT IT TO THE STATE FOR CONSIDERATION AND APPROVAL, AND THEN TO BRING IT BACK TO THE COUNCIL. MOTION.CARRIED, WITH COUNCILMAN KASPER ABSTAINING BECAUSE.HE.WAS NOT PRESENT FOR THE - DISCUSSION.. A recess was announced. When the meeting reconvened.at 11:00 p.m. Councilman Kasper was not present but he .returned.at 11:10 p.m. HEARING ON.AGREEMENT WITH DEPARTMENT OF TRANSPORTATION FOR -PHASE II OF SR 524 IMPROVEMENT (FROM OCTOBER 4 MEETING) Public Works Director Fred Herzberg,sa.id the question had arisen.as .to whether the State is.com- plying with the Council's wishes.as to the configuration of this project. He had obtained the preliminary plans this date and found an error in that the mandated 45' right-of-way was shown as 47', but he said they were now in the process of revising that. Another problem was that the State had run out of money for this project.so.the additional cost to the City will be significant. --Mr. Herzberg said there are two funds from which.the funds may.be taken for the roadwork, federal aid money or gas tax money, but federal aid money canot be used for acquisition of right-of-way and that fund is where most of the money is. He said the gas tax fund is about depleted but by the end of next year the money will be available. He asked for authority to make a short-term loan for this money by November 15 so the State.can.go ahead,with the project.- The contract with the State was another problem in that the.City will have to commit itself to.$89,000 for its share of the con- struction --the President has cut off.the federal aid money..but the State can get the money for this project --but the State has to have a contract with the City before it can go for this money. (Councilman Kasper returned at this point in the presentation.) Councilman Gould said he had been contacted by the owner of the B and H Grocery.which is located in the neighborhood business area near this project who said the design he had seen -would prevent people from turning -into his store` • where they now do. Mr. Herzberg said that had been corrected. Councilman Kasper asked what the effect would be.if,the.third.lane between Olympic and Olympic View.were dropped, and Mr. Herzberg responded that -traffic would not be able to make left turns without stopping traffic, and it had been agreed that there would be two lanes and a two-way.turning lane there. Councilman Kasper's concern was that the 27' was only to make it align and now it was shown.all the way. Mr. -Herzberg said that was part of the correction he mentioned earlier. The hearing was opened to the public. Harold Schnarre., 1028 Puget Dr., said -the -.State representative had .told him they would have -to denude 10' of his property as they needed.it for an easement -which they later would return. Mr. Herzberg said the agreement was that -they would take only what was needed for construction but during construction they would need slope easements on each side; it was either that or build rockeries in some of those areas which -then would -require more,right-of-way. He said the additional required right-of-way would be taken from the south side of the street. Mr. Schnarre said maybe the people on the south -side could receive some -relief from the -easement since the left turn was for the benefit of the people to the north. Roger Hertrich, 1020 Puget Lane, said that because of the improvement of the right-of-way in the vicinity of 196th/88th the average speed now is 40 mph. He presented a written proposal which he felt would save money, suggesting that the width of Puget Dr. east of:Olympic be reduced to two lanes and .a curb -gutter -sidewalk to fit.the existing 40' right-of-way, thereby acting as'a choke:of automobile speed entering the 01ympic.View intersection which Mr..Hertrich felt would be a -protection for school children crossing Puget -Dr. and reduce accidents and noise pollution in a residential neighborhood. He also suggested that the activation of the traffic light be restricted for pedestrians. He felt the roadway size should be examined to see what is practica.l,.and he added that several,of the residents would be willing to participate in the cost of a walkway. Ray Martin, 18704 94th Ave. W., questioned the benefits of the project. • Lloyd Ostrom, 711 Puget Lane, expressed concern about safety. He.was in favor of sidewalks but said anything that,helps.move the traffic.down the hil-1 faster is bad. He noted that school children wait for the bus there. He felt a traffic light there was not a very good solution, and he felt. -the road should be kept to two lanes east of Olympic View Dr. He felt the whole thing was overdesigned and said when the traffic light is not working the traffic into the neighborhood business area works very well. (Mr. Herzberg mentioned several times that the light in place is temporary, not the one designed for that location.) Natalie Shippen,,1020.Euclid, felt the extra 2' was not'a mistake and .that somewhere along.the line the State approved that.but got caught. She asked that nothing be signed before the final plans are seen, especially in' consideration of past history in dealing with the State. She thought it was very unfair to ask one'side of the street to bear the brunt of development. Bob Morrison., 250 Beach P1., felt it would be more reasonable to have the left turn onto 196th at llth, rather than at Olympic. His opinion was based on.conversations with a resident of the area. He added that the light doesnot work well, and that, he felt this'was an overengineered situation. Ann Spivey, 300.Caspers., said she had always been against widening the street as she felt the develop- ment was to accommodate ferry traffic. Councilwoman Allen read a letter she,had received from Barbara Escandon, President of the.Olyrnpic Elementary School PTA, and addressed to the City Council, asking that.the roadway between Olympic Ave. and Olympic View Dr. be.limited.to two lanes, because the third lane at the top of the road has led to cars using it for passing and has caused the speed to.increase. She asked that the traffic light be pedestrian actuated and that there be no free right turn allowed turning right off -Olympic - View Dr: to Puget Way on a red light for protection of pedestrians in the crosswalk. She said there also should be a flashing light up the hill to make drivers aware of the coming light. - r1 LJ • October 21, 1980 - continued No one else wished to speak, and the public portion of the hearing was closed. The Council.d.iscussed some of the suggestions made. COUNCILMAN.KASPER THEN MOVED, SECONDED BY COUNCILMAN COULD, TO REMOVE THE _THIRD LANE BETWEEN OLYMPIC VIEW AND.11TH AVE.. AND GO TO 12' LANES-- 24' GUTTER"TO GUTTER, WHICH WOULD ADD ANOTHER 5' FOR THE CURB.AND GUTTER --AND WITH.4' FOR SIDEWALKS; ALSO, SLOPE EASEMENTS WILL BE HELD TO A MINIMUM AND ROCKERIES WILL BE USED WHERE POSSIBLE; AND THE STOP LIGHT WILL BE PUSHBUTTON ACTIVATED. MOTION CARRIED. After further discussion, COUNCILMAN KASPER MOVED, SECONDED BY COUNCILMAN.GOULD, THAT AT THE BEGINNING OF SAID PROJECT`THE RIGHT-OF-WAY BE ESTABLISHED TO MAKE A LEFT TURN LANE SOUTH TO OLYMPIC.AVE._AND THEN RETURN AS SOON AS PRACTICAL AS NEAR THE ORIGINAL RIGHT -OF -WAY -AS FEASIBLE WEST OF OLYMPIC AVE. WITH NO LEFT TURN LANE NORTH TO OLYMPIC, AND TO CONTINUE ON A TWO-LANE ROADWAY TO THE INTERSECTION OF OLYMPIC VIEW DR./196TH, AND FROM THAT -POINT -TO CONTINUE DOWN 196TH PROVIDING FOR THREE LANES TO CASPERS AND 7TH. MOTION CARRIED, WITH COUNCILWOMAN GOETZ VOTING.NO. Mr. Herzberg commented that this violates most of the rules of traffic safety. Regarding the execution of the agreement, COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, THAT AUTHORIZATION TO EXECUTE THE AGREEMENT WITH THE STATE BE CONTINUED UNTIL NOVEMBER 1.0, 1980. .Councilman Kasper said he would like to see a sketch of what they were talking about. THE MOTION CARRIED. COUNCILWOMAN.ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, THAT THE LAST ITEM ON THE AGENDA, "HEARING ON FILING FEES FOR EDMONDS," BE CONTINUED TO THE NOVEMBER 10, 1980 MEETING. MOTION CARRIED. Councilman Kasper suggested the wording of the subject of that hearing be changed as it is misleading. The word "FILING" will be changed to."PERMIT." There was no further business to come before the Council, and.the meeting adjourned to Executive • Session at-12:30 a.m. IRENE VARNEY MORAN, Ci Clerk HARVE H. HARRISON, Mayor October 28, 1980 The regular 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 ABSENT STAFF PRESENT Harve Harrison, Mayor Mary Goetz Charles Dibble, M.A.A. Jo -Anne Jaech Fred Herzberg, Public Works Director Bill Kasper. Jim Adams, City Engineer Katherine Allen John LaTourelle,.Community Development Dir. John Nordquist Mary Lou Block, Planning Division Manager Ray Gould Duane Bowman, Associate Planner Larry Naughten Irene Varney Moran, City Clerk Marlo Foster, Police Chief • Jack Weinz, Fire Chief Art Housler, Finance Director Jim Jessel, Parks & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Item(C) was removed from the Consent Agenda. COUNCILWOMAN ALLEN MOVED, 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 October 21, 1980. AUTHORIZATION FOR MAYOR TO EXECUTE.SUBSEQUENT PRINCIPAL PARTY AGREEMENT FOR ONE -CALL SUBSURFACE WARNING"SYSTEM. [Item (C) on Consent Agenda] This system will allow the utility divisions to call one number to obtain underground locations of .the -various utilities at a certain location when they to dig want an area to install a utility, and thereby prevent any dig -ups or damage to existing utilities. It will be in place of the Snohomish "Dial County -a -Dig" program. The charge will.be based on the number of water customers at 1/2t per customer, or $42 per month at this time. Councilman Gould.asked what the length of term of the agreement.wou.ld:be, whether this was budgeted, and whether -Reid -Middleton would have any obligations. Public Works Director Fred:Herzberg..responded.that it.is budgeted, being basically the -same amount as the exist-ing Snohomish County program, but this would cover a The -larger area. term would be for as long as�the City continues to pay the fee. (City.Attorney Wayne Tanaka stated that 90 days' notice would%be required for termination:) Mr..Herzberg said there would be no relationship with Reid -Middleton with regard to this. • COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN KASPER, TO APPROVE ITEM {C) ON THE:CONSENT AGENDA. MOTION CARRIED.