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19801014 City Council MinutesOctober.7, 1980 - continued COUNCIL DISCUSSION.OF PROPOSED NOISE ORDINANCE. (Public hearing to be October 21, 1980) Police Chief-- arlo Foster reported that. Planning Division Manager Mary Lou Block and'he had met with the Noise Control Administrator and Deputy Police Chief from the City of Everett to discuss the proposed Edmonds noise ordinance and several suggestions were received which he enumerated in his written report. A copy of the proposed ordinance also*was given to the Noise Control Administrator for the Department of Ecology, but his recommendations had not yet been received. Copies of the Mountlake Terrace and Lynnwood noise ordinances were provided. Councilman Gould cautioned that no extra personnel should be expected to handle noise problems, noting that reference was made to a Noise Control Administrator. Chief Foster responded that in Everett their Safety Officer serves as Noise Control Administrator and devotes 10-20% of his time to it. The report was accepted. REVIEW OF AND AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL COOPERATIVE AGREEMENT FOR PUGET SOUND REGIONAL ARTS AND CONVENTION COMPLEX Planning Division Manager Mary Lou Block noted that the City Attorney found significant problems with the wording of the agreement, particularly with regard to sections that commit the City to certain actions in respect to Phase II. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN-GOETZ, THAT THE MAYOR BE AUTHORIZED TO SIGN THE INTERLOCAL COOPERATIVE AGREEMENT WHEN THE CITY ATTORNEY'S CONCERNS HAVE BEEN RESOLVED, AND DELETING THE SECTION ON PHASE II. The Council was in agreement that Phase II,should not be included at all and they noted that the.presentation they received was only for Phase I,.and Phase I was acceptable and that was all to which they were willing to commit. THE MOTION CARRIED. DISCUSSION ON -PROPOSED COMMUNITY IMPACT ORDINANCE City Attorney -Wayne Tanaka stated that there currently is some.litigation in King County regarding a • similar ordinance to that drafted. He felt they had drafted as good an ordinance as they.could, but there was the chance that it may be declared unconstitutional. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO ADOPT ORDINANCE 2167, REQUIRING CERTAIN BUSINESSES TO PREPARE A COMMUNITY IMPACT STATEMENT,. Councilman Kasper suggested it should be held over until Councilman Nordquist is present because he had a special interest in it. Councilwoman.Allen was not sure such an ordinance was needed, feeling it may have an adverse effect on existing bus.inesses or new ones coming into the City. City Clerk Irene Varney Moran responded that the only time a.community•impact statement would be required would be in the case of a.suspicious business, and Councilwoman Allen felt that would be arbitrary and capricious. Mr. Tanaka said businesses could be exempted if they had minimal adverse impacts on the community, but all would be subject to it. He also noted that businesses licensed by the State, such as those having liquor licenses, would be exempt. THE MOTION CARRIED, WITH COUNCIL- WOMAN ALLEN VOTING NO, AND WITH COUNCILMAN GOULD ABSTAINING. Councilman. Gould said he was in favor of the concept.but he had not received a draft of the ordinance in his packet and he felt he should not vote on something.he had not actually read. There was no further business to come before.the Council, and the meeting adjourned to Executive Session at 10:25 p.m. IRENE VARNEY MORAN, Ci Clerk HARVE H. HARRISON, Mayor October 14, 1980 - Work Meeting 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 Bill Kasper Charles Dibble, M.A.A. Jo -Anne Jaech Jim Adams, Acting Public Works Director Katherine Allen Irene Varney Moran, City Clerk John Nordquist Mary Lou Block, Planning Division Manager Ray Gould Art Housler, Finance Director Larry Naughten Jack Weinz, Fire Chief Mary Goetz Dan Prinz, Assistant -Police Chief Duane Bowman, Associate Planner Jim Jessel, Parks & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Item (F) was..removed from the Consent..Agenda. COUNCILMAN COULD -MOVED,. SECONDED BY COU"NCILWOMAPJ GOETZ, TO*APPROVEATHEkBALANCE 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 7, 1980. • • 131 October 14, 1980 - continued 1 (C) Approval of schedule of budget work meetings and public hearing. (D) Acceptance of final plat of Northview Estates - Phelps/Beselin (P-2-80) (E) Acceptance of Quit Claim Deed..in conjunction.with short subdivision - Reed (S-4-80) AUTHORIZATION.FOR MAYOR TO EXECUTE AGREEMENT WITH DEPARTMENT OF TRANSPORTATION FOR PHASE II OF SR-524 IMPROVEMENT [Item (F) on Consent Agenda] Councilman Nordquist removed this item from the Consent Agenda. He stated that the Council had not yet seen the final plans and it was his understanding that.they were completed. He.felt.there had_ been a shifting of the right-of-way which was contrary to the vote of the City Council, and also that the C.ity was being asked to pay.for several items for which there was no justification. He felt this item should have a public hearing and that the location of the roadbed should be discussed, as well as, where the sidewalks would be. Councilwoman Jaech asked.if the necessary funds were in the budget. Acting Public Works Director Jim Adams responded that they are in the 1981 budget but the funds are not available at thi's.time in that account... He added that the funds for acquisition will be needed prior to November 15., 1980. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT A PUBLIC HEARING BE SCHEDULED -FOR OCTOBER 21,., 1980 REGARDING PHASE II OF THE SR 524 IMPROVEMENT. Councilman Gould noted that there were two main issues. He said it had been a very long and tedious process getting to the approval of the design.and there had been much disagreement among some of:the.Council members about how it ought to look, but it finally was ironed out, and he wanted to make sure the design of the road would match what the Council finally had said would take place. Also, he wanted to be sure the financing as planned in the future would, indeed, cover this project properly. THE MOTION CARRIED. MAYOR Mayor Harrison had an application.for a Street Use Permit, from Fabrica, Ltd., 112 5th Ave. S. This business had received ADB approval of its signs, but when advised of the necessity of a Street Use Permit they were not told of the time involved to get the permi.t,.and.when they did apply there was not enough time to get their application on the City Council agenda in time for their scheduled opening. This business is located in the central business district. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE THE APPLICATION FOR STREET USE PERMIT BY FABRICA, LTD. MOTION CARRIED. COUNCIL , Councilman Naughten reported that. the Finance Committee had met this evening and had reviewed the fees, charged by the Planning Division, Building Division,. and Public Works Department. He noted that it had.been several years since the City's fees had been updated and that the committee will make a recommendation to the Council next week regarding adjustments which will be.based mainly on costs and -which will be compared to fees charged by other cities. Councilwoman -Goetz reported that -the first edition of the newsletter did not reach all of the City residents because of a problem with the post office. She.sai.d the post office did not understand that this -newsletter is informational and educational, and.thereby should be authorized to be sent to all postal patrons under the City's bulk mailing permit. The first edition of.the newsletter went only to the utility billing customers, and Councilwoman. Goetz asked the Mayor to look into this with the post office. Councilman Nordquist read aloud..the budget meetings schedule which.had been approved as Item (C) on the Consent Agenda. • Councilman Nordquist noted'that..the Public Works Director had requested a public hearing to consider a proposed transportation development ordinance. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO SCHEDULE.A PUBLIC HEARING ON NOVEMBER 4, 1980 FOR..A REPORT ON AND CONSIDERATION OF A PROPOSED TRANSPORTATION DEVELOPMENT ORDINANCE. MOTION.CARRIED. (This request had been scheduled to be made,.as the last item on this evening's agenda.) Councilman Nordquist reported that.the Snohomish County Health Board had determined that next year's assessment will be $1.50 per capita.(as compared to this year's assessment of $1.30,per capita). This will. be a -total of.$5,840.;above.the amount budgeted last year. He noted that the City is required'by law to have.a-public health service and it has opted to join with the County Health District than have one its -rather of own. Regarding.Port security, Councilman Naughten asked if any adjustments had been made for the additional time the -'City is providing security. He noted that the contract had been for eight hours a day and the City is providing 15.hours. Councilman Gould invited allpresent to. join him after the meeting to sample some trout.which he had caught on his recent vacation and then.had smoked. Counci'lwoman'A1'len: stated that.a question had.arisen as to, the legality of the width established -for the street in the pending- Sprague, St.,L.ID....She.h.ad. invite d George Walsh to present the question. Mr. Walsh said Bill Whiteside would present their questi.on...Mr. Whiteside if.any asked legal document could be -produced. -which invalidates,. rescinds; or supersedes Ordinance 1793, the attachment to which indicates.different.street widths from that proposed.in the subject LID. (Mr. Whiteside provided copies of the extract to which.,he.was, referring.) City Attorney Wayne Tanaka said he would have to research that and, COUNCILWOMAN ALLEN,.HAVING VOTED ON THE PREVAILING SIDE, MOVED TO RECONSIDER THE ACTION ON THE LID. Mr. Tanaka advised her that the actioncould not be reconsidered inasmuch as the public hearing had been closed and all.the parties were..not now present. She therefore asked that action be delayed. on the design of the street until this question could be clarified. Mr. Tanaka • said he would examine the statutes. THE MOTION WAS WITHDRAWN. Councilman Gould stated that his 12 October 14, 1980 - continued • recollection of street standards was different from what was presented,'this evening by Mr. Whiteside, and he asked that.the Staff be sure they were looking at the correct standards. PRESENTATION.BY.RUSS JUCKETT, COUNTY.PROSECUTOR County Prosecutor Russ Juckett stated that his department is scheduled to be cut by seven people so he will have to define some'personal goals as to what kind of cases he'will prosecute. rH6 was" looking for direction as to what types of criminal prosecution should be. given the highest priority. Councilman Gould said he would not like to see the Juvenile Community Conference Committee dropped, as he felt i�t had been very successful. Councilman Naughten felt crimes against people were more important than those against property, and when questioned said he believed in restitution rather than incarceration. Assistant Police Chief Dan Prinz said he was not.in favor of turning felonies into misdemeanors as described.by Mr. Juckett�and he felt that in'today's society crimes are not. prosecuted -enough. :He did not want to -see any cutbacks, but said if necessary they should be done on a case -by -case basis. Councilwoman Jaech felt laws on the books,.should be enforced, and that the County- should be cutting down services in other areas. Councilwoman Goetz said she would like to find out what kind of support Mr. Juckett's-office had.provided Edmonds in the past and she would like the Police Department to be given an opportunity to consider this. Councilman Gould observed that three types of police matters had gone before the Council:, (1) Drug paraphernalia matters; (2) Action by the Police Department to regulate activities of people along the waterfront (Sunset Ave. and Union Oil Beach); and (3) Activities related to all-night convenience stores. He�said those were the only police activities that had gone before the City Council, but the Council could discuss it and try to give Mr. Juckett a more definitive answer to his question. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO PLACE THIS ON THE NOVEMBER 4, 1980.AGENDA. MOTION CARRIED: This question will be addressed by the Public Safety Committee prior to the Council discussion. • HEARING ON P.C. RESOLUTION 661, PROPOSED VACATION OF 8TH AVE. N., BETWEEN-DALEY AND ALOHA, AND AMENDMENT TO.OFFICIAL STREET MAP (ST-10-80) and HEARING ON P.C. RESOLUTION 660, PROPOSED AMENDMENT TO OFFICIAL STREET MAP TO ADD PROPOSED CUL-DE= SAC, VICINITY OF 8TH N. AND ALOHA ST. -.(ST-5-80) Associate Planner Duane Bowman preceded his review by reading two letters of protest from abutting property owners which had been filed with the City Clerk. One was from the Holy Rosary Parish and one from Phillip and Regina Sheets, and both referred to the provisions of RCW 35.79.020. City Attorney Wayne Tanaka stated that this section provides that if 50% of.the abutting property owners file written objection the City will.be prohibited from proceeding with the vacation, but there is along the street a City alleyway of 7 1/2' in width which bisects the street proposed to be vacated, so although the church and the Sheets family own all of the 'actual property on the west side of,the street, with the inclusion of the alleyway that would mean they.would not have 50% of the abutting property, assuming "abutting owners" refers to lineal footage. Secondly, Mr. Tanaka -stated that the way the statute is written, for the petition getting the vacation started to be valid it must be signed by owners of more than 2/3 of'the'abutting.property, whereas the protest provision speaks to 50% of the property owners, not owners of 50%. Mr. Tanaka said the -other City Attorneys, Jim Murphy and John Wallace, and he had 'discussed this and the consensus was that the most likely interpretation of that 50% would be 50%-of the numbers.of properties, of which there are six, and these protests would only be from two of those six. So, in either` -case they would not have the 50% and, in the opinion of the City Attorneys,�the Council could proceed with.hearing the street vacation. Mr`. Bowman then reviewed the background of this application, noting that a proposed cul-de-sac would provide adequate public access to the area east of Aloha St. He said the property owners on the east side of 8th Ave. had worked out an easement arrangement -so all would have access. The Planning Commission had recommended approval of both items (the minutes of their hearing were provided) but they were not specific about the length of the cul-de-sac. They had.recommended that the Dunmeyer property be included to afford it access.to a..public street. The public portion of the hearing was opened. Don Schroeder, 528 8th Ave. N., said.the Holy.Rosary construction had been of tremendous impact and the traffic is bad. The intent of the petitioners'was.to.keep their properties as residential as possible, but they found that difficult to do with.the extensive church development there. Mr. Schroeder said they would like to have the street vacated so they can block it off to traffic, and that they would improve it and extend.the.storm sewers. He added.that most of the people in the area had done.their utmost to make -the best of .the situation. He.pointed out that Parcels A,.B; and C are owned by William Kasper and.that Mr..Kasper intends developing them, and he said he may - develop one lot of his own property. Mr. Kasper's parcels comprise approximately 12 lots, all -but one of which will access from the north, with one lot accessing to the the south to Daley. Mr. Schroeder would give him an easement for -one RS-12 lot. He said.all easements will be specified for a specific number of RS-12 lots, so even if the property should -be acquired by the church the easement would not be available to the church for exit onto 8th Ave. He added that all of the-. property comprising 8th Ave. had been dedicated by property owners on the east side, none of it being dedicated by the church. He did not feelthey should have to pay for it if the vacation were approved, and especially since they will be putting in the storm sewer. Jim Shields, 709 6th Ave. N., representing the Holy Rosary Church, said they did not agree with the City Attorney's interpretation as to the.lineal footage. He said they are abutting property owners to the alley as well as to the street and that the church is entitled to the use of their land and they did not want to be barred from the utilization of 8th Ave.,in the future. He said they had protested out one vacation and then another emerged by resoluti.on .of the City, and they had doubts about the.regularity of that process." He added that if the Council.voted to approve this vacation, then he would like to know the next step in theappeal mechanism. No one else wished to speak, and the public portion of the hearing was closed. 0 • 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.