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19790626 City Council MinutesJune 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) • 393' • June 26, 1979 continued (G) Setting date of July 24, 1979..for heari,ng,.of P.C..Resolution 627 recommending approval of an application for a Shorelines''Management Substantial'Development Permit to subdivide into two lots a parcel of property.within 200' of. Lake Ballinger (File SM-2-79) PROPOSED ORDINANCE REGULATING ABANDONED..VEHICLES [Item (E).on Consent Agenda] Police Chief Marlo Foster was asked how firms are selected.to tow away abandoned vehicles and to store'them. He responded that three had.applied for Police Department business and all arelal-lowed to do it on a rotation basis., but.the C.ity.does not contract for.the business. Several other questions as to wording were asked, and.these.were clarified by City Attorney Wayne Tanaka. COUNCILMAN CARNS MOTION: MOVED, SECONDED BY COUNCILMAN GOULD,.TO APPROVE ITEM (E)'ON THE CONSENT AGENDA, ADOPTING ORDINANCE 2076. MOTION CARRIED. REPORT ON "CRIME.WATCH" [Item•(H) on Consent Agenda] Councilman Carns asked if this program was still being operated as it was previously. Police Chief - MOTION: Foster responded that it is --it is operated strictly by volunteers. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE ITEM (H).ON THE CONSENT AGENDA. MOTION CARRIED. REPORT ON PROGRESS RE SAFE STORAGE -AND HANDLING OF VOLATILE CHEMICALS USED BY BUSINESSES IN CITY OF EDMONDS LItem I on Consent Agenda Fire Marshal Gary McComas had submitted this report, indicating WISHA requirements had been met and that a compliance schedule is being established for compliance with Building and Fire Code requirements which have not yet been met. He .reported that the two most important items had to do with the • installation of sprinkler systems and the proper storage.of peroxides. Councilman Naughten was concerned because although both companies.involved have bids from sprinkler companies and have indicated they intend to comply with.the requirements, the report indicated they would do so "as soon as it is financially possible." Councilman Naughten said.he would feel more comfortable if a date was indicated. Mr. McComas said..he felt six months would be a fair time in which to expect MOTION: compliance. COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILMAN CARNS, THAT ITEM (I) ON THE CONSENT AGENDA BE APPROVED, CONTINGENT ON SATISFACTORY COMPLETION BY DECEMBER 31, 1979 OF (1) INSTALLATION OF SPRINKLER SYSTEMS AND (2) PROPER STORAGE OF PEROXIDES. MOTION CARRIED. AUDIENCE Don Kellman,.Manager of the Edmonds.Theater, asked for a.temporary sidewalk use permit for July 4 to provide some live entertainment - for one-half to one hour. He said the entertainment would be live music that probably could be heard about a block away. There was some discussion, after which MOTION: COUNCILMAN CARNS MOVED, SECONDED.BY.000NCILMAN GOULD, TO GRANT A PERMIT TO THE EDMONDS THEATER TO Amended ALLOW LIVE MUSIC IN FRONT OF THE THEATER AFTER THE 4TH OF JULY PARADE, NOT TO EXCEED ONE HOUR. Public Works Director Leif Larson called attention to the requtrementl-for insurance:.--,�000NCILMAN'_. GOULD-THEN MOVED, SECONDED BY COUNCILMAN HERB, TO AMEND THE.MOTION THAT THE PERMIT BE SUBJECT TO ALL Amendment REQUIREMENTS ESTABLISHED BY ORDINANCE.. THE MOTION TO AMEND CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. Mr. Kellman-also said he was interested in having the theater declared a town landmark but he did not know the procedure... After some discussion, he was referred to the Community Development Director for guidance in contacti.ng..the proper authorities. Herb Wright of 400 Sunset Ave..presented a petition from residents of Sunset Ave. asking that Sunset be made a one-way street going north, that there be no parking after 10:00 p.m. on,Sunset Ave., between Casper and Main, and that the. -free right turn from Sunset Ave. to the ferry dock be eliminated. He said Sunset Ave. has become very noisy late at night and.it is hazardous and difficult to get in MOTION: and out of the. driveways. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO SCHEDULE FOR JULY 24, 1979 A DISCUSSION OF SUNSET AVE. AND THE CONCERNS EXPRESSED IN THE PETITION RECEIVED. MOTION CARRIED. HEARING ON PRELIMINARY ASSESSMENT. ROLL,..FIFTH AVE. SIDEWALKS City Engineer Fred Herzberg reviewed this item. The City will accomplish the preparatory work, removing existing deteriorating sidewalks, preparing the base,.placing required fill, and constructing necessary rockeries. The residents will pay for the finish.work. If approved, the project should be completed within a month. The total estimated cost .to the residents will be $9,447.11 with the Zone Front Foot cost being $6.40.. Mr. Herzberg explained the Zone Front Foot system for the audience and City Attorney Wayne Tanaka explained the appeal procedure. The public portion of the hearing was opened. Wilson Burrill of.749 Somerset Lane said that .when this is done he expected there to be a proper rise to keep the water from running off to his property, which had been a problem.. Mrs. Eugene Weeden of 510 Homeland.Dr. asked if all the sidewalks would be torn out or if there would be some repair. She was not opposed to the new sidewalks going in but she didn't, think anything.should be done that wasn't necessary.. Mr.. Herzberg responded that.the existing.sidewalks will be removed and replaced. No one else wished..to speak*, and the public portion of the hearing was closed. MOTION: COUNCILMAN CARNS MOVED, SECONDED BY. COUNCILMAN HERB, TO ADOPT..ORDINANCE 2077, ORDERING THE IMPROVEMENT DESCRIBED•IN-SID-1-79..*MOTION'CARRIED. HEARING ON DESIGN REVIEW OF PRD-.1-.79 -- PROPOSED 9-UNIT DEVELOPMENT LOCATED IN SHELL VALLEY This proposal was for four two-unit.structures and one sing le-unit.structure, clustered to maintain the the steep wooded eastern 1/3.of the.site in an undisturbed condition. Assistant City Planner Mary Lou Blockshowed slides of the site,.noting that it is ..densely wooded. Under this proposal 68% of the total site would be maintained in open space, which is well over the required amount. The zoning is RS-8, but development into standard RS-8 lots would.result in more cutting and filling, more impervious surfaces, more tree removal,.and less open space. Pioneer Way to the east will provide access, and a proposed extension.of Hillcrest P1. could provide future access. There was a finding of no significant adverse environmental impact and.a.negative declaration had been issued. Ms. Block recommended approval of the proposal because the design layout will preserve 68% of the 394 June 26, 1979 - continued MOTION: Amendment Failed MOTION: site in passive common area;.the amounts of cutting and filling,.tree removal, and impervious surfaces would be minimized; the design layout was in harmony with the PRD clustering concept previously used in Shell Valley; this use was in harmony with the Comprehensive Plan; and a finding had been made of no significant adverse environmental impact. She added that there is a 5' pedestrian walkway included in the plan along Shell Valley Rd. and she stated that this is an environmentally sensitive area. Councilman Carns was concerned because he did not believe this property could be developed into RS-8 single family homes because of the steep topography so he felt nine units were not justified and that the PRD concept was being used to increase density. Community Development Director John LaTourelle assured him that it would be possible to develop the site into nine single.family homes.and he said detached single units cause more damage in environmentally sensitive areas than clustered buildings —Drainage was discussed, and then the public portion of the hearing was opened. Muryl Medina, the developer, said they had.arrived at this townhouse design in order to minimize the ground square footage that would be utilized for construction. She said they were paying a lot of attention to the greenbelt area to minimize runoff and to have as little pavement as possible, and to .develop this into single family lots would not.be.feasible because all the trees in the area would be destroyed. She added that when they have a difficult site they are encouraged to do PRDs for those reasons. She believed they had done the best they could with the site and she noted that the storm water system was arrived at after discussions with and advice from the Engineering Division., She noted.that only 13% of,the site will have buildings, 1% will be in paving, and the rest will be open space, and the units.were designed for the topography. She submitted an album of photographs (Exhibit A) to demonstrate other developments she had done in this area and to assure the Council that these would be quality homes. No one else in the audience wished to speak, and .the.public portion of the hearing was closed. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN CARNS, TO UPHOLD THE PLANNING COMMISSION, ARCHITECTURAL DESIGN BOARD, AND COMMUNITY DEVELOPMENT.DEPARTMENT RECOMMENDATION TO APPROVE PRD-1-79 FOR. DESIGN REVIEW. The question arose as to maintenance of the storm water retention system and who should be responsible for,it. Councilman Kasper cautioned that if the Council placed that responsibility on the Homeowners' Association at this time it would be restricting the possibilities of financing. After some discussion, A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN HERB, TO AMEND THE MOTION TO INCLUDE THAT THE HOMEOWNERS' ASSOCIATION WILL BE RESPONSIBLE TO MAINTAIN THE UTILITIES, COMMON AREAS,.AND STORM WATER RETENTION SYSTEM ON THE PROPERTY. The public hearing was then reopened to give the developer an opportunity to address this. Mrs. Medina said that her discussions with the Engineering Division regarding the drainage system there had been talk about a possible City program whereby developers would pay into a fund and with that fund the City would accomplish the maintenance. She said for the Council to make this requirement at this time would be tying her hands and she would like to have the opportunity to pay into the in -lieu fund if such a program materializes. She suggested that the Council hold this restriction in abeyance until the final approval of the development. Councilman Carns felt that would be proper, but Councilman Gould was concerned that it may be overlooked at that time so he felt the restriction should be made now. Mr. LaTourelle said his department would assure that the responsibility for this maintenance is assigned, either through the articles of the Homeowners' Association or.by acceptance of the Engineering Division of the responsibility. Councilman Herb did not think it was clear that this was an Engineering requirement and he was concerned also that it would go through at the final review without the responsibility assigned. A ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND, WITH COUNCIL MEMBERS GOULD AND HERB VOTING YES, AND WITH COUNCIL MEMBERS KASPER, ALLEN, CARNS, AND NAUGHTEN VOTING NO. THE MOTION TO AMEND FAILED. THE MAIN MOTION THEN CARRIED. Councilman Carns requested that the Staff not place this item on the Consent Agenda for final.review. HEARING ON REVISED COMPREHENSIVE 6-YEAR STREET.CONSTRUCTION PROGRAM,.1980-1985 City Engineer Fred Herzberg displayed a.map indicating the streets that are included in the plan and copies of the full plan had been distributed. Various items in the plan were discussed. The public portion of the hearing was then opened, no one wished to speak, and the public portion was closed. COUNCILMAN CARNS MOVED., SECONDED BY COUNCILMAN NAUGHTEN, TO PASS RESOLUTION 446, ADOPTING THE REVISED COMPREHENSIVE.SIX-YEAR STREET CONSTRUCTION PROGRAM TO BE FILED WITH THE DIRECTOR.OF HIGHWAYS AND THE URBAN ARTERIAL BOARD. MOTION CARRIED. COUNCIL Councilman Carns was concerned.about an item allowances had.been paid to two policemen who M.A.A. Charles Dibble responded that they are from disability that amount will be.deducted Councilwoman Allen commented on the Community feeling it will be helpful to the Council and that at the Snohomish Subregional. Conference cited as a comparison guide against.which.som on the warrant register which indicated uniform had gone out on disability and were'not working. paid the allowanceand then if they do not return from final pay. Resource Center which the library is establishing, Staff, as well as to the public. She also noted of Governments the Edmonds Policy Plan had been e.other cities will structure their plans. Councilman Naughten noted that Plaza Cab had sent a letter indicating their -rates will increase and he asked if that was the usual procedure.. City Attorney Wayne Tanaka responded that there is no requirement that .they do,such, they do it only as a courtesy. Councilman Naughten asked why there would not.be a fireworks display this year, and Mayor Harrison responded that money -is not available.so the Chamber of Commerce had cancelled it. Councilman-Naughten noted that a letter had been received from the Action Committee for Esperance stating opposition to annexation to the City of Edmonds. He asked if the Staff had contacted these people to review the benefits they would received. M.A.A. Dibble.responded that there is no issue until a valid petition for annexation i.s.received. 1 1 1 • 1 is • June 26, 1979 - continued There was no further business to come before the Council, and the meeting was adjourned at 9:40 p.m. IRENE VARNEY MORAN, C' y Clerk... July 10, 1979 - Work Meeting HAR,VE H..-HARRISON, Mayor 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 STAFF PRESENT Harve Harrison., Mayor Charles Dibble, M.A.A. Mike Herb Leif Larson; Public Wor.ks.Director Bill Kasper John LaTourelle, Community Development Director Katherine Allen Irene Varney Moran, City Clerk Ray Gould Marlo•Foster, Police Chief • John Nordquist Jack Weinz, Acting Fire Chief Tom Carns Fred Herzberg, City Engineer Larry Naughten Mary Lou Block, Assistant City Planner Art Housler, Finance Director Jim Jessel, Parks & Recreation Manager Jim Murphy, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA MOTION: Item,(C) was removed from the Consent Agenda. COUNCILMAN CARNS MOVED, SECONDED BY .COUNCILMAN NAUGHTEN, 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 26, 1979. (D) Setting July 17, 1979 for hearing on preliminary approval of Granada Estates #2; 7-lot subdivision located at 201st.Pl..S.W. between 88th Ave. W. and.'Maplewood Lane. (File P-4-79) (E). Adoption of Ordinance 2079, amending City Code to restrict parking on both sides of Bell St. from Sunset Ave. to 5th Ave. N., the east side of Sunset Ave. from Main St. to Edmonds St., and the.west side of Sunset Ave. from Bell St. to Edmonds St., to four hours maximum. ACCEPTANCE.OF 1979.STREET IMPROVEMENTS AND ESTABLISH 30-DAY•LIEN PERIOD - KNOWLES • CONSTRUCTION COMPANY LItem C on Consent Agenda Councilman Herb asked for more detail.when the Council is asked.to accept the completion of work. In this case he would have liked to have seen a listing of the completed streets and the dollar MOTION: amounts. COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT WHEN THE COUNCIL IS REQUESTED TO ACCEPT WORK TO ESTABLISH COMMENCEMENT OF THE 30-DAY LIEN PERIOD., THERE BE A BRIEF IDENTIFICATION OF THE SPECIFIC PROJECTS AND THE DOLLAR AMOUNTS. Councilman Ca.rns felt it would be a waste of Staff time to do.this for each project as it is completed, and he said a Council member could get a specific explanation just by calling the Staff.. A ROLL CALL VOTE WAS TAKEN ON THE MOTION, WITH COUNCIL MEMBERS HERB, NAUGHTEN, KASPER, AND GOULD VOTING YES, AND WITH.COUNCIL MEMBERS ALLEN, NORDQUIST, AND CARNS VOTING NO. MOTION CARRIED. Item (C) will appear on next week's Consent Agenda as a motion to Approve was not made. MAYOR Mayor.Har.r.ison.asked for Council confirmation of the reappointment of Rachel Bell to the Shorelines Management Advisory Committee. Position 1 in which she had.been serving expired on June 2, 1979 and . that position was deleted. A position .was vacated by Elizabeth Sears, and Mayor Harrison proposed MOTION: appointing Rachel Bell to that position. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN CARNS, TO CONFIRM THE MAYOR'S'APPOINTMENT OF RACHEL BELL TO POSITION 5 ON THE SHORELINES MANAGEMENT ADVISORY COMMITTEE,_ TERM TO EXPIRE JUNE 2, 1983. MOTION CARRIED. Mayor Harrison proposed to appoint Fred Herzberg to the position of Public Works Director, effective August 1, 1979, following the retirement of Leif Larson. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN MOTION: NORDQUIST, TO.CONFIRM THE MAYOR'S APPOINTMENT OF FRED HERZBERG.`TO THE POSITION OF'PUBLIC WORKS DIRECTOR,.EFFECTIVE AUGUST 1, 1979. MOTION CARRIED. is