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19790619 City Council Minutes390 June 11, 1979 - continued • Councilman Herb said the fine points would not have to be worked out -immediately, but the Council wanted the boards to be brought up-to-date on what they were considering and the fine points would be worked out when it went -to the Planning Commission,.but he fel-t the main thrust was whether they'should be shifting the -responsibilities -around.. Mr. LaTourelle said they were ready to start making.drafts of implementing ordinances and at this.time they needed to know on what system they were to be working. They needed to know whether.or not it was to be a hearing examiner system as -that was fundamental -to -their making their drafts. Councilman Carns-felt the hearing examiner system would free.the Planning Commission to do planning. Laura Hall was MOTION: not willing to sacrifice their people input. COUNCILMAN CARNS MOVED,'SECONDED BY COUNCILMAN HERB, THAT THE COUNCIL ENDORSE -THE HEARING EXAMINER CONCEPT AND THE PLANNING ADVISORY BOARD CONCEPT AS OUTLINED THIS*EVENING. MOTION CARRIED. REVIEW OF ORDINANCE ON ATTENDANCE REQUIREMENTS.FOR BOARDS.AND COMMISSIONS Community Development Director John LaTourelle had prepared a memorandum which discussed the attendance problems. He supported the -ordinance as it is'and.he noted.that the question had been raised as to whether attendance should:be excused. Although there may be good reasons for a member to miss meetings, he felt the City needed members who were able to attend the meetings in order to make the,City function properly, and he noted that the attendance requirements applied only to regularly scheduled meetings and not special meetings. It was noted that since the current ordinance.had been in force two members had failed to.meet the attendance'requirements and -action was taken as dictated by the ordinance. Councilwoman Allen said she had brought this up and she felt Mr.. LaTourelle's report should be accepted. -Councilman Gould stated he' was in favor of maintaining the policy as it is. The general consensus was that there should be no change. There was no further business to come before.the Council, and the meeting adjourned at 11:55 • p.m. IRENE VARNEY MORAN, C fty- Clerk HARVE Fr- HARR-ISON, Mayor June 19, 1979 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 :. Mike Herb Charles Dibble, M.A.A. Bill -Kasper - Ray -Gould Leif Larson, Public Works Director Katherine Allen John LaTourelle, Community Devel. Dir. John Nordquist Mary Lou Block, Asst. City Planner Tom Carns Irene,Varney Moran, City Clerk -Larry Naughten Art Housler, Finance Director Jack Weinz, Acting Fire Chief • Fred Herzberg, City Engineer Doug Albright, City Attorney Jackie Parrett, -Deputy City Clerk CONSENT AGENDA MOTION: Councilman Naughten asked that Item.(D) be.removed from the Consent Agenda. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST; TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved portion -of the Consent Agenda included the following: (A) .Roll call. .(B) Approval of Minutes of June 11, 1979. (C) Approval of Street Use Permit.for placement of street trees and marquee over sidewalk on 5th Ave. N. (E) Approval of fireworks stands permits. (F),.Setting date of June 26, 1979 for hearing of Revised Comprehensive 6-Year Street Construction Program, 1980-1985. PROPOSED ORDINANCE REZONING LOTS 6, 7, 8, AND 9 OF BLOCK 5, YOST'S FIRST ADDITION, FROM RS-6 TO RS-12 Item D on Consent. Agenda Councilman Naughten said that all persons who desired to give,testimony.on this rezone had not been heard, in that he had been contacted by Raymond Duitsman who said he had not been given that opportunity. Mr. Duitsman was invited to speak. He gave his address as 17800 36th W., Alderwood Manor, and said he owns one of the lots involved which could be subdivided into two • lots Under the RS-6 zoning. He read a letter, copies of which had been furnished to the 3 91' • June 19, 1979 - continued Council, in which he stated his.objections to the rezone action taken last week. He said the major problem which appeared to influence the Council was the water.runoff which he stated was not caused by these lots but by the lots above, and the open pasture and temporary road on these lots were obvious places for the water to show. He felt this --was spot.zoning and he and Etta Morehouse were being penalized while other lots.around them were being,developed.as RS-6 lots. He said no drainage plan would be required if the lots..were developed as RS-12., but as RS-6--they would be short platted and a drainage plan would be required— Further, that the minimum sized lot that could be developed would be 7,200 sq. ft. because of.Shellabarger Creek. Dean Shepherd, attorney.for Etta Morehouse, also had submitted a letter requesting.the Council to give this matter further consideration. After discussion with the Staff regarding:the various issues,.the Council agreed to reconsider the matter. MOTION: COUNCILMAN CARNS MOVED, SECONDED.BY COUNCILMAN KASPER, TO REHEAR THE SUBJECT REZONE MATTER ON JULY 10, 1979. MOTION CARRIED. City,Attorney Doug Albright who arrived during this discussion suggested it might be proper to send this back to the Planning Commission and he advised that City Attorney John Wallace should be present.la.ter.in the evening to advise on that. Mr. Wallace did not arrive and during the meeting Mr. Albright.had.an opportunity to review the file, after which he advised that he felt a rehearing before the Council would be proper. MAYOR Mayor Harrison advised that he had..received a memorandum from.the Community Development Director indicating that the Proposed Amendment to the RMD Zone, scheduled for hearing on July 17, 1979, will be incorporated into the first -phase of the Code revision, scheduled to be considered on July 24, 1979. It was -therefore requested that the Council review the RMD amendment as part of the Code MOTION: revision on July 24. COUNCILWOMAN ALLEN MOVED, SECONDED.BY COUNCILMAN CARNS, THAT THE PROPOSED AMENDMENT TO THE RMD ZONE BE REVIEWED JULY 24, 1979 WITH THE FIRST PHASE -OF THE CODE REVISION. MOTION CARRIED. • Mayor Harrison asked for the Council's confirmation of his.appointment of John Hodgin to the Planning Commission. Mr. Hodgin was interviewed by the Council prior,to this evening's meeting. COUNCILMAN MOTION: CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO CONFIRM THE,MAYOR'S APPOINTMENT OF JOHN.HODGIN TO POSITION 1 ON THE PLANNING COMMISSION., TERM TO EXPIRE OCTOBER 9, 1979. MOTION CARRIED. - Mayor Harrison announced that the quarterly meeting of the Association of Snohomish County Cities and Towns will be held June 28, 1979 at Lake Stevens. Councilwoman Allen indicated she would attend. AUDIENCE James McAnally of 730 Elm St. said it.had been his understanding that the alder trees on the City property at 7th and Elm were to be topped but it appeared that action was stopped. He said his property had been assessed as view property but in another year he would not have a view because of those trees. Sharon Blossey of 1210.8th Ave. S. said in 1976 the neighbors had contributed $600 to plant trees and have these topped —Councilman Carns corrected her, saying those funds were to plant trees, not for topping. He said the -trees were cut three years ago and the runoff caused erosion to the property below. He advised Mr...McAnally that the Council had discussed this -on May 22;. 1979 and reaffirmed their November 2 4 1978 decision that no trees.would be removed except1for three specific reasons. He stated further that the Council had stated in May that there would-be no cutting of trees on that property. He explained.that at one time all.the.neighbors in favor of cutting the trees come in,.and the next time all thoseopposed come in,: and the Council cannot change its position with each change in the audience. Councilwoman Allen added that there are tall firs growing all over the City which are diminishing views, but the City cannot start trimming all those trees. She said a view has never been able to.be guaranteed and she was.not ready to start guaranteeing people views. Councilman Naughten commented that with private property a person has to try to work -with the property owner, and that was what these people were trying to do. He felt the City could come up with some kind of policy to cut a specified portion of a tree if the party were willing to -pay for it. Don Forgey of 724 Elm St..said his property had been assessed for view property and most of •. his view was of alders. Councilman.Carns said the only way he would consider discussing this topic MOTION: again was if everyone involved were present. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT ON AUGUST 7, 1979 THE COUNCIL HEAR THE TREE CUTTING/TRIMMING ISSUE, AND THAT THE AGENDA BE CLOSED TO OTHER MATTERS.. Councilman Carns.said he would like.everybody invited to that hearing who had spoken regarding the 7th and Elm property during the past four years. Councilman Naughten said that included in the discussion should -be whether the property should be sold or kept. THE MOTION CARRIED. HEARING.ON_FINAL ASSESSMENT ROLL,, LID 205, BELL ST. PAVING City Engineer Fred Herzberg described the.LID. The preliminary estimate had been $8.14 per zone front foot, but the final cost was $8.71 per zone front.foot because of the required removal of several trees not included in the.original estimate. There were no people in the audience for this item, so Mr. Herzberg assumed the people involved were satisfied. The public portion of the hearing MOTION: was opened, no one wished to speak,: -and the public portion was closed. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST.,.:TO-ADOPT.ORDINANCE 2074, APPROVING AND CONFIRMING THE FINAL ASSESSMENT ROLL FOR LID 205. MOTION CARRIED. HEARING ON PETITION FOR VACATION<OF:.PORTION OF DAYTON ST..,'EAST:OF 9TH AVE. S. Assistant City Planner Mary Lou Block.said,this petition.had been heard by the Planning Commission on April 11, 1979 at which time they, recommended denial. The,Community Development Department and the Public Works Department also had.,recommended denial because.vacating of the right-of-way would force one or two lots to access from an unimproved alley and would block their street access. Ms. Block demonstrated on a map which properties would be affected.... The public portion.of the hearing was opened. An unidentified gentleman thanked the Staff for..recommending denial of this proposal. MOTION: The public portion of the hearing was.closed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO UPHOLD P.C. RESOLUTION 622,.DENYING THE. PETITION TO VACATE A PORTION OF DAYTON ST., EAST OF 9TH AVE. S. MOTION CARRIED. June 19, 1979 - continued HEARING ON P.C. RESOLUTION 61.9.RECOMMENDING;APPROVAL OF AN AMENDMENT,TO THE OFFICIAL STREET MAP TO REMOVE A PROPOSED STREET:EXTENSION'OF 175TH ST. S.W.; TRACT 141 File ST=7-79) Assistant City Planner Mary Lou Block said the Community Development.Department had recommended approval of,this proposal if the applicants.agreed to deed to the City.a.15';utility easement, running from the eastern terminus of 175th St. S.W., west to 76th.Ave. W. The reasons for recom- mending approval were that the action would-not.landlock or preclude future access to any property, there had been a finding of no'.significant.environmental impact.because of this action, and because the proposal appeared to be in the best interest of the public welfare. She noted that the street as indicated would take'a great amount of land, whereas the property could be satisfactorily developed in alternative ways. The public portion of the hearing was opened.. Don McQuade of 7215 176th,said the total property through which the proposed street was suggested was designated as environmentally sensitive and to put a'street there would disturb the environment considerably. Also, at the foot of 175th St. is an unplatted area which he owns.and when it..is develo ed a turnaround will be required. He said there is adequate access for Mr..Troka's (the other applicant property. The public portion MOTION: of the hearing was closed. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO ADOPT ORDINANCE 2075, UPHOLDING P.C. RESOLUTION 619., MOTION CARRIED. COUNCIL Councilman Nordquist advised he.would.be out of.town next week. He inquired about the Model Traffic Ordinance in relation.to abandoned.car.s. City C1erk.Irene,Varney Moran responded that it would be on next week's agenda. Councilman Carns made an inquiry about an item on the Claims Warrant.Register which was explained. He also inquired about.the report from the Public Works Director regarding the availability of the ferry parking lot. Mr. Herzberg explained that it was hoped that.the.City could get control of the l.ot,by means of an Air.Rights Lease, and that was being investigated. Councilman Naughten-inquired about the drainage problems checklist provided to the Council and he was told the Council had requested it. Councilman Kasper advised he would be out.of town July 24, 1979. Mayor Harrison stated he wished to have an Executive Session following this meeting to review a personnel matter. There was no further business to come before the Council and the.meeting adjourned to Executive Session at 8:45 p.m. -IRENE VARNEY MORAN, ity-Clerk June 26, 1979 The regular meeting of the Edmonds City.Council was called to order at 7:30 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 Mike Herb - Bill Kasper Katherine Allen Ray Gould Tom Carns Larry Naughten CONSENT.AGENDA John.Nordquist Charles Dibble, M.A.A. Leif Larson, Public Works Director John LaTourelle, Community Develop. Dir. Irene Varney Moran, City Clerk Mary Lou Block, Asst. City Planner Marlo Foster, Police. Chief Jack Weinz, Acting Fire Chief Gary McComas, Fire Marshal Fred Herzberg, City Engineer Wayne Tanaka, City Attorney Jackie Parrett, Deputy.City Clerk MOTION: Items (E), (H), and (I) were removed from the Consent Agenda. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved'.portion of the Consent Agenda included the following: 1 1 1 d (A) Roll call. (B) Approval.of Minutes of June .19, 1979. (C) Acknowledgment of receipt of Claim for Damages from Marlene K. Rogers in the amount of $13,369.43. (D) Approval of temporary concession agreement for annual July 4th Boy Scout Chicken-Q at City Park. (F) Setting date of July 24, 1979 for hearing of P.C. Resolution 626 recommending approval of proposed amendment to Official Street Map to extend the public right-of-way from Hillcrest P1. west and south to Shell Valley Rd. (File SM-10-79) •