19770823 City Council Minutes114
MOTION: COUNCILMAN HERB MOVED THAT PAGE 15, ITEM 3, INCLUDE, "REASONABLE ASSISTANCE," AFTER, "RENDER," IN
LINE 4. COUNCILMAN GOULD SECONDED THE MOTION, MOTION CARRIED.. COUNCILMAN CARNS MOVED, COUNCILMAN
GOULD SECONDED, THAT -A SECOND READING BE SET. FOR SEPTEMBER 6, 1977.,-OF THE -ANIMAL CONTROL ORDINANCE.
MOTION: COUNCILMAN GELLERT MOVED THAT ALL THE SUGGESTIONS PREVIOUSLY STATED FOR REVISIONS AND ADDITIONS
BE APPROVED. MOTION CARRIED.
PROPOSED ORDINANCE PROHIBITING ALCOHOLIC BEVERAGES IN PUBLIC PLACES (CONTINUED FROM JULY 26) (11:20 p.m.)
Police Chief Marlo Foster reviewed the policy on beverages in public places and emphasized that
alcoholic beverages must be kept off the beaches, parks, and other public places with adequate
enforcement. The public -portion was opened and no one wished to participate and the public portion
MOTION: was closed. COUNCILMAN GELLERT MOVED, COUNCILMAN CARNS SECONDED, THAT PROPOSED ORDINANCE PROHIBITING
(Failed) ALCOHOLIC BEVERAGES IN PUBLIC PLACES BE APPROVED. COUNCILMAN HERB VOTED NO, THE MOTION FAILED FOR
MOTION: LACK OF A QUORUM. COUNCILMAN GELLERT MOVED, COUNCILMAN CARNS SECONDED, THAT THIS ORDINANCE BE PLACED
ON THE NEXT AGENDA MEETING UNDER CONSENT AGENDA FOR'AUGUST 23, 1977. MOTION CARRIED.
REVISED STREET.REPAIR.ORDINANCE (11:30 p.m.)
Leif Larson introduced this ordinance and said changes had been made in the revised right-of-way
invasion ordinance in assignment of responsibilities to the individual departments such as,
Engineering Department or Streets. This ordinance would allow the street restoration or resurfacing
done.by the Street Department rather than outside contractors. The maintenance bond would be changed
from one year to two years. Leif Larson then briefly discussed the fee increase structure.
Councilman Gellert noted on Page 2, Section 3,7.30.030 Security Deposit, the word incurred after
costs should.be stricken in the second sentence. The public portion of the hearing was opened and
MOTION: no one wish to speak and the public portion was then closed. COUNCILMAN CARNS MOVED THAT ORDINANCE
NUMBER 1935, REVISED STREET REPAIR, BE APPROVED. COUNCILMAN HERB SECONDED THE MOTION. MOTION CARRIED.
PROPOSED ORDINANCE ADOPTING COMPREHENSIVE PLAN AND MAP - (11:35 p.m.)
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Noelle Charleson said reduction copies of the plan would be available at a later date and demonstrated •
the enlarged -plan listing the changes proposed. The changes which were recommended at the January 25
and February 22 City Council meetings have been incorporated on the map and three photographic copies
of the map are on file with the City Clerk's Office, pursuant to the City Attorney's instructions.
Noelle Charleson recommended approval of the ordinance adopting the comprehensive plan and map.
The public portion was opened, and Mr. Jim Shields of 709 6th Avenue North, asked if the map had been
published in the local newspapers and Noelle Charleson replied that there had been six public
hearings on this issue and there were minor changes only in relation to the old comprehensive plan,
and the map has not been published in the newspapers, but meetings for review were published. The
public portion then closed as no one else wished to participate.
MOTION: COUNCILMAN CARNS MOVED, COUNCILMAN HERB SECONDED, THAT ORDINANCE NUMBER 1936, ADOPTING THE COMPREHENSIVE
PLAN AND MAP, BE APPROVED. MOTION CARRIED.
PROPOSED ORDINANCE SETTING SALARIES FOR DEPARTMENT HEADS (11:38 p.m.)
MOTION: COUNCILMAN CARNS MOVED, COUNCILMAN HERB SECONDED, THAT ORDINANCE 1937, SETTING SALARIES FOR
DEPARTMENT HEADS BE APPROVED. MOTION CARRIED.
RECOMMENDED PERSONNEL RECLASSIFICATIONS (11:40 p.m.)
COUNCILMAN CARNS MOVED, COUNCILMAN HERB SECONDED, THAT RECOMMENDED PERSONNEL RECLASSIFICATIONS BE
APPROVED. MOTION CARRIED.
There was no further business to come before the Council and the meeting adjourned to.a brief
Executive Session at 11:40 p.m.
IRENE VARNEY MORAN, Ciry Clerk
August 23, 1977
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H. H. HARRISON, ayor
The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve
Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute.
PRESENT ABSENT ,STAFF PRESENT
Harve Harrison, Mayor Phil Clement Joe Wallis, Community Develop. Director
Ray Gould Dick Allen, Assistant City Engineer
Max Gellert Foster, Police Chief
John-Nordquist Irene Varney Moran, City Clerk
Robert Anderson Lila Crosby, Finance Director.
Tom Carns Wayne Tanaka, City Attorney
Mike Herb Jackie Parrett, Deputy City Clerk
CONSENT AGENDA (7:36 p.m.)
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A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY.000NCILMAN CARNS, TO APPROVE THE CONSENT AGENDA.
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August 23, 1977 (Cont.)
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Community Development
Director Joe.Wallis commented with. regard to.I.tem (G) Qn the.Consent Agenda,, the_
plat of "Pleasantvale," and that there had been some delay on.this because of substantial tree cutting.
He said this plat had
not been before the Amenities Design Board and a landscape plan to replace the trees
had been approved. THE MOTION THEN CARRIED TO.APPROVE.THE.CONSENT.AGENDA. The Consent Agenda contained
the following:
(A)
Roll call .
(B)
(C)
Approval of Minutes of August 16, 1977.
Final approval of plat of "Pleasantvale."
(D)
Setting date.of September 6, 1977, for hearing of P.C. Resolution 566,
recommending approval of proposed amendments to Section 12.12.050 and
12.13.110_of,Zoning Code to allow detached dwelling units on multiple
residential dwelling sites. (File ZO-7-77)
(E)
Setting date of.September 20, 1977, for preliminary hearing of plat of
(F)
"Perrinville."' (File P-5-77)
Adoption of Ordinance 1938, amending Ordinance 1885 (Budget), authorizing
certain transfers and appropriations.
(G)
Adoption of Ordinance 1939, regarding compensating time.
(H)'
Passage of Resolution 379, transferring funds from Contingency Fund to
General Fund (Dept. 12) for Haines property appriasal and Performing Arts
Center study.
(I)
Adoption of Ordinance 1940,.prohibiting alcoholic beverages in.public places.
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COUNCIL (7:38 p.m.)
Councilman Anderson.advised he would not.be present for the September.13 meeting.and Councilman Gould
advised he also would not be present September 13, and Councilman Gellert advised he would not be
present -September 20 and October 4.
Councilman Nordquist commented that he felt the Council had been wasting.time with personnel reviews. He
noted that the Council had made decisions which then were changed and he suggested that such reviews
probably were not good use of Council time. Councilman Herb responded that there had been some delicate
questions which took a lot of time.
MAYOR (7:45 p.m.)
Mayor Harrison presented a proposed ordinance amending the Fire Chief's salary as authorized by the City
Council in Executive Session August 16 A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN
CARNS, TO ADOPT ORDINANCE 1941, INCREASING THE FIRE CHIEFS SALARY. MOTION CARRIED, WITH COUNCILMEN_
ANDERSON AND NORDQUIST ABSTAINING, AS THEY HAD NOT BEEN PRESENT FOR THE DISCUSSION AT THE EXECUTIVE
MOTION: SESSION OF AUGUST 16.
Mayor Harrison advised the City had received a Notice of Intention to commence annexation proceedings
MOTION: from property owners in the vicinity of 220th Street S.W., east of Highway,99.. A MOTION WAS MADE BY
COUNCILMAN;CARNS, SECONDED BY. 000NCILMAN-NORDQU1ST ;:THAT`, THE,; CITY COUNCIL ACKNOWLEDGE RECEIPT OF THE
NOTICE OF INTENTION AND THAT SEPTEMBER 20 BE SET FOR AN INFORMAL HEARING DATE TO MEET WITH THE PROPERTY
OWNERS PRIOR TO PREPARATION OF THE PETITION FOR ANNEXATION. MOTION CARRIED.
Mayor Harrison had a request from the City Grants Manager for a commitment of'matching funds in the amount
of $9,500 for improvements to the Andrew Carnegie Library. The Grants, Manager felt that in applying for
grants for the needed repairs -there would be a better chance of the application being approved if a
commitment by the City could be indicated for matching funds. It was commented that this was the first
that.had been heard of this item and that it should be considered and placed on the priority list along
MOTION: with other items to be considered at next week's meeting. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED
BY COUNCILMAN GELLERT; THAT IMPROVEMENTS TO THE ANDREW CARNEGIE LIBRARY BE CONSIDERED AT THE AUGUST 30
MEETING WITH OTHER ITEMS. MOTION CARRIED.
Mayor Harrison noted that the 1977 Congress,of Cities will have its annual meeting December 3-7 in San
Francisco. He said that as a member of the State Board of Directors he was expected to attend and would
do so if there was no objection from the Council. None was expressed. It was noted that budget hearings
would be held during that period.
Mayor Harrison read a letter from the Chairman of the IAC asking for consideration and support in an
effort to stretch available dollars to as many worthy projects as possible. The Chairman asked if local
agencies could accept matching ratios of 50-50, rather than 75-25 or 60-40. The project the City.has
under consideration is the acquisition of the -Haines property, and the Mayor, Community Development
Director, and Parks and Recreation Director had considered this�and felt there was a good chance of this
project being approved, so it would be wise not to take any action to indicate a reduction in requested
matching funds. Community Development Director Joe Wallis said it -is difficult to project where Edmonds'
application stands on the priority list, but he felt that waterfront on Puget Sound would be a high
priority project, so he recommended the application be left, as it was, and if it were not approved it
could be resubmitted at a later date with the 50-50 ratio.
Mayor Harrison had correspondence from the HUD Area Director inquiring whether the City would object to
a proposed 40-unit project of housing for elderly and handicapped in addition to the one already under
construction. It was noted that the Council in the past had indicated a favorable position toward
providing housing in the downtown area for the elderly. Community Development.Director Joe Wallis said
this proposal would be to the north of the:one now under construction, but no actual proposal had been
MOTION: received as yet and any proposal would have to conform to the Building Code.. A MOTION WAS MADE BY COUNCIL-
MAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT AS LONG AS THE PROPOSED HOUSING PROJECT FOR ELDERLY AND
HANDICAPPED MET ALL CODE REQUIREMENTS IT WOULD BE WELCOME. MOTION CARRIED.
MOTION:
AUDIENCE (8:15 p.m.) 0
Raymond Martin of 18704-94th Avenue West distributed to the Council a letter charging Paul Roy with
neglect of duty as a member of the Board of Adjustment, together with a transcript of Mr. Martin's
hearing before the Board of Adjustment (V-24-77) which Mr. Martin had prepared.
HEARING ON PRELIMINARY ASSESSMENT ROLL - PROPOSED STREET L.I.D., 4TH AVENUE,SOUTH OF PINE (8:20 p.m.)
Assistant City Engineer Dick Allen reported that because of new development in this area facilities
are needed such as water mains, storm sewers, etc. He said street work with underground wiring would
be included in the improvement. The estimates had been obtained, the assessment roll prepared, and
the cost figures sent out. Due to some changes in ownerships not yet indicated on County records,
it was not possible to verify all ownerships. The proposal would be to put in a street improvement
with a turnaround at the end of the street near the highway, and to assess the benefiting property
owners for the costs. Mr. Allen said he had received, just prior to this evening's meeting, a
petition from seven of the property owners objecting to the L.I.D.. The total number of property
owners involved was 18, with some owning more than one lot. The public portion of the hearing was opened.
Ed McMorrow, one of the signers of the petition against the L.I.D., corrected the location of his home
on the map displayed. He felt the individual homeowners were being assessed for improvements they
did not need and that the developers who needed the improvements should be the ones to bear the
assessments. Tom Belt of 9808 215th S.W., commented that it appeared that the developer was in favor
of the L.I.D., and the protesters were those who"live in the surrounding homes. He also commented that,
as a developer, he could testify that the City gets everything possible out of the developer. City
Attorney Wayne Tanaka then explained the protest procedure and that the present figures were estimates
only, the actual assessments being computed after completion of the project, and an assessment roll
hearing being held at that time. He said specific assessments on each property could be argued at that
time. Elmer Rupp of 320 Pine Street, one of the petitioners against the L.I.D., said he was concerned
about the time involved and that he was under the impression that tonight, 51% for or against the L.I.D.
would determine it. He said most of the people against the L.I.D. did not feel they would be benefited
by it. Donald Jangard of 17529-10th Avenue N.W., Seattle, said he owns the apartment building on 4th
and Pine and another on 5th. He said he had built.a number of apartments in Edmonds and each time he
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had to meet all development requirements and put in improvements, and he did not ask his neighbors to
pay for his improvements. He said his estimated assessment is $12,000 and he had already paid when he
built his apartment building. Dick Allen responded that there was a possibility that Mr. Jangard would
be given a credit for the improvements he already had put in. He noted that the proposed improvements
would include underground wiring, street lighting, sidewalks, storm drainage, and completion of the
street (Mr. Jangard had provided a half -street). Mr. Allen said this property was determined to benefit
because of all of these improvements. Aletha Handran, one of the petitioners, said her property is just
north of Mr. McMorrow's and that she would lose her home if the L.I.D. were approved. She said she
had a double lot but could not subdivide because of the location of her house. Frank Taylor, the
developer who circulated the petition for the L.I.D., said he owned some property in this proposed L.I.D.
and planned to build a condominium on it, and he had thought he should go to the City with a petition for.
road improvement. He said most of the vacant properties in the proposed L.I.D. would be built upon
within the next year or two. He said he owned 264 ft. of frontage. Elmer Rupp then asked how many
were in favor of the proposal and how many were against it. The public portion of the hearing was closed.
Assistant City Engineer Dick Allen indicated that owners of 966 lineal feet on 4th Avenue were in favor
of the proposal, owners of 842 lineal feet signed against it, and owners of 90 lineal feet had made no
response. He indicated that most in favor of it were on the east side of the street and those against
it were on the west side. Councilman Gellert said he felt there was a very good rationale for benefit
to.those on the east side being substantially higher than to those on the west side --by a factor of at
least three or four -to -one. He felt the RS area should be considerably lower in assessment than the
RMH. A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO REJECT THE
PROPOSED L.I.D. OF FOURTH AVENUE, SOUTH OF PINE. Councilman Gellert felt this had not been researched
enough and it probably would be of benefit to the people on the east side of the street. He noted that
this street is a platted street in the City and said he could vote for the proposal if there were
something in the order of a four -to -one apportionment of the zone front footage of the east side to the
west side. Councilman Carns noted that there is RS zoning on one side and RM on the other and the
RS is against the L.I.D. He said he could understand the developer of the condominiums wanting to
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put in the street improvements at lower costs to himself, but he could not see the benefit to the
SF homes. Regarding the half street put in by Donald Jangard, Forest Roff of Reid, Middleton & Assoc.,
indicated the pavement does not go to the center of the street. He said it appeared that the present
curb could remain. Tom Belt then suggested that perhaps a longer bonding period could be considered.
THE MOTION TO REJECT THEN CARRIED, WITH COUNCILMAN GELLERT VOTING NO. Councilman Gellert explained that
he had voted no because he had been going to offer a substitute motion.
HEARING ON P.C. RESOLUTION 565, RECOMMENDING APPROVAL OF PROPOSED AMENDMENT TO ZONING MAP TO CONTRACT
REZONE CERTAIN PROPERTY LOCATED BETWEEN 240TH S.W. AND 242ND S.W., EAST OF DOCES WAREHOUSE, FROM RS-8
TO RD (FILE R-6-77) (9:30 p.m.)
Councilman Carns stated that the City Attorney had advised him not to participate in this hearing
because of a possible conflict of interest inasmuch as he is in the furniture business, and he'left
the rostrum. Community Development Director Joe Wallis briefly reviewed the history of this item,
which ran for a period of severl years. He said the applicant did not have a specific development to
propose at this time because he did not plan to develop it himself. Therefore, conditions for
development were specified as well as a procedure to follow when a development is proposed. Mr. Wallis
enumerated the provisions of the proposal. Copies of the proposed rezone contract had been furnished
to the Council. Gust Doces was present to represent the applicant and he clarified some questions
regarding Paragraph 5 of the contract. He stated that the court action regarding the matter would be
dismissed if the matter were resolved. A question was raised regarding the zoning of the northeast
leg of the property not covered by the contract, and City Attorney Wayne Tanaka responded that it
would revert to RS-8 when the legal action was dropped. A question arose regarding the existence of
a fire lane between the property line and the Doces warehouse building. Paul Panagakis, engineer for
the applicant, stated the fire lane does exist and will continue to exist. There is a chain link fence
enclosing it, but he said fire fighters are equipped with equipment to cut such fences for access. He
said the fence was required for security. The public portion of the hearing was then opened.
August 23, 1977 (Cont.)
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Gust Doces stated that the terms of the contract and the site plan had been discussed in detail with
the Planning Department and the City Attorney. He said all.conditions were prepared with his approval
and they had attempted to comply with the Council's action of'May 3, 1977. He said this contract was a
compromise on the part of Doces Enterprises. Bert Hogan of 7614.239th did not understand the effect of
the court action and asked why they were not waiting for the court ruling. It was explained that although
the court had decided the RS zoning,was not a,proper zoning for this property, it did not have the power
to rezone it, and the parties were attempting to resolve the situation. Margaret Johnson of 7804 238th S.W.
stressed the need for pedestrian access from 242nd to Highway 99. Rick Stockstad of 8027 242nd S.W.,
questioned the cost distribution of any future L.I.D. City Attorney Wayne Tanaka said Doces will bear its
proper burden the same as any other property owner and will not protest any L.I.D., and will sign any
petition for street improvement. Mr. Stockstad felt that Doces should bear a larger portion of the costs
of any L.I.D. because the Doces trucks use the streets illegally and have caused the streets to need -repair.
Barbara Anderson of 23907 80th Place W., asked if at the end of five years the neighboring property owners
could request a rezone. City Attorney Wayne Tanaka responded that the contract is between the City and
Doces and the property owners can make application at any time. The public portion of the hearing was
then closed.
Councilman Gould acknowledged a letter from James Chapman, President of the Lake Ballinger Community Club,
who felt that two parking spaces per multi -family unit was too high a requirement -resulting in overpaving.
-He suggested that the Doces contract reflect a parking requirement of 1.8 stalls per unit which would
MOTION: eliminate eight parking,stalls and provide more landscaping or other use. A MOTION WAS THEN MADE BY
COUNCILMAN GOULD, SECONDED BY COUNCILMAN ANDERSON, THAT THE COUNCIL AUTHORIZE THE MAYOR TO SIGN THE CONTRACT
REZONE FOR R-6-77 AS SUBMITTED. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN GOULD, ANDERSON, AND HERB
MOTION: VOTING YES, AND COUNCILMEN GELLERT AND NORDQUIST VOTING NO. MOTION CARRIED. A MOTION WAS THEN MADE BY
(Failed) COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GOULD, TO ADOPT ORDINANCE 1942, REZONING THE SUBJECT PROPERTY
FROM RS-8 TO RD. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN GOULD AND HERB VOTING YES, AND COUNCILMEN
GELLERT, NORDQUIST, AND ANDERSON VOTING NO. (Councilman Anderson voted no because he wished to offer
OTION: a different motion.) MOTION FAILED. A MOTION WAS THEN MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCIL-
MAN-NORDQUIST, TO RECONSIDER THIS MATTER ON SEPTEMBER 6, THE EARLIEST DATE WHEN A FULL COUNCIL WILL BE
PRESENT. MOTION CARRIED, WITH COUNCILMAN GELLERT VOTING NO. Councilman Carns then returned to the rostrum.
COUNCIL PERMISSION FOROPERATION OF PLAZA CAB WITHIN CITY FOLLOWING CHANGE OF'OWNERSHIP (10:29 p.m.)
City Clerk Irene Varney Moran had provided correspondence relating to the change,of ownership of Plaza
Cab Company from Verle and�Selma Hawkins to Gene and Phyliss Magnell. All ordinance requirements had been
MOTION: met and -insurance verified. Mrs. Moran and Police Chief Foster recommended approval. A MOTION WAS MADE
BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE OPERATION OF THE PLAZA CAB COMPANY,
UNDER NEW OWNERSHIP, WITHIN THE CITY OF EDMONDS. MOTION CARRIED.
MOTION:
MOTION:
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FINAL APPROVAL OF BROOKACRES PRD
The developer of Brookacres had requested this item be postponed as he would be out of town this date.
A MOTION WAS MADE BY,COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, TO -SET THE FINAL APPROVAL OF THE
BROOKACRES PRO FOR SEPTEMBER 6. MOTION CARRIED.
PROPOSED ORDINANCE AMENDING WATER TURN-ON/TURN-OFF FEES AND CUSTOMER DEPOSITS .(10:31 p.m.)
Assistant City Engineer Dick Allen indicated the present fees do not cover the. actual costs of turning
water on or off. The proposed charges also are consistent with those of other municipalities.. A section
was also included in the proposed ordinance to allow the City Council to impose water restrictions in the
event of water shortages. After some. discussion, A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY
COUNCILMAN GELLERT, TO APPROVE ORDINANCE 1942 WITH THE FOLLOWING AMENDMENT: THAT IN SECTION 6.16.120(B),
IN THE SECOND AND THIRD LINES, THE WORDS, "ORAL OR", BE STRICKEN. MOTION.CARRIED. COUNCILMAN HERB
MOVED, SECONDED -BY COUNCILMAN CARNS, THAT THE APPROVED ORDINANCE 1942 BE AMENDED TO ADD THE FOLLOWING
LANGUAGE TO THE END OF SECTION 6.16.165: "THESE CHARGES SHALL NOT APPLY TO TURN-OFFS AND TURN-ONS FOR
MAINTENANCE PURPOSED." MOTION CARRIED.
PROPOSED LEASE FOR EDMONDS JUNIOR HIGH ATHLETIC FIELD FACILITIES°
(10:42 p.m.)
The proposed lease was for a period of 15 years, with the City having the right of first refusal sub-
sequent to the term of the lease. After some discussion, A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED
BY COUNCILMAN NORDQUIST, TO AUTHORIZE THE MAYOR TO EXECUTE THE LEASE FOR THE EDMONDS JUNIOR HIGH ATHLETIC
FIELD FACILITIES AS SUBMITTED. MOTION CARRIED.
There -was no further business to come before the Council, and the meeting was adjourned at 10:46 p.m.
HARRISON,