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19790807 City Council Minutes0 .August.7, 1979 4 0 7 . 1 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 Ray Gould Charles Dibble, M.A.A. Bill Kasper Mike Herb Fred : Herzberg', ;.Publ:i c Works'. Director Katherine Allen Marto Foster, Police Chief John Nordquist Jack Weinz, Fire Chief Tom.Carns Irene Varney Moran, City Clerk Larry Naughten Wayne Tanaka, City Attorney John.Wallace, City Attorney Elyse Robbins, Recording Secretary CONSENT AGENDA Councilman Carns asked that item (B) be removed -from the Consent Agenda. Councilman Nordquist requested that item (D) be removed from the Consent Agenda. COUNCILMAN CARNS MOVED, SECONDED MOTION: BY COUNCILWOMAN ALLEN, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved portion of the Consent Agenda included the following: (A) Roll call. • (C). Acknowledge Receipt of Claim for Damages (Clancy) (E) Proposed Ordinance #2084, Expiration of Cash Prepayment Period for LID #205. (F) Set Date for.Hearing P.C. Resolution 628 Recommending Approval of a Proposed Rezone from RML to CG Property Located North of 224th Street S.W. Between 76th and Highway 99 (File R-5-79) (Suggested Date:', August 28) (G) Set Date for Hearing P.C. Resolution 629 Recommending Approval of Shorelines Permit for 2-Lot Subdivision at 7409 Lake .Ballinger Way.(File SM-3-79) (H) Set Date for Hearing P.C. Resolution 630 Recommending Approval of Shorelines Permit to Improve South County Senior Center (File SM-4-79) (Suggested Date: August 21) APPROVAL OF.MINUTES OF JULY 30, 1979 (Item (B) on. Consent Agenda) Councilman Carns referred to Item (E) on the July 30, 1979 meeting agenda, proposed ordinance setting forth traffic restrictions on Sunset Avenue and 3rd Ave. In paragraph two under the item of Mayor in the July 30, 1979 minutes, Councilman Carns stated that a comment was left out wherein -.he stated that the Council had made a promise to the citizens, after a public hearing on this matter, that changes would be made within two weeks. COUNCILMAN CARNS.MOVED MOTION: FOR ADOPTION OF THE MINUTES.AS CHANGED TO INCLUDE HIS OMITTED COMMENT. THE MOTION WAS SECONDED BY COUNCILMAN NORDQUIST. MOTION CARRIED. PROPOSED RESOLUTION #448 STATING INTENTION TO ANNEX PORTION OF 74th AVE. W. AND SETTING HEARING DATE (CONT'D FROM 7/24). (SUGGESTED DATE: SEPTEMBER 25) (Item (D).on Consent Agenda) Councilman John Nordquist stated that the minutes relate that the City was going to ask Gordon Lindstrom to join with the.annexation to the City. Mr. Lindstrom has the last lot on Lake Ballinger before the golf course and he was omitted because the previous owner asked to be omitted when the Ballinger area was annexed in 1963.. Councilman Nordquist stated that Mr. Lindstrom had included a letter in the Council packet which was signedand indicated that he would like to join in with the annexation to the City of Edmonds. COUNCILMAN NORDQUIST MOVED MOTION: FOR THE ADOPTION OF ITEM (D) PROPOSED RESOLUTION #448 STATING .INTENTION TO ANNEX PORTION OF 74th AVE. W. AND. SETTING HEARING DATE (CONT-D. FROM�7/24). .(SUGGESTED DATE: SEPTEMBER 25) THE MOTION WAS SECONDED .BY COUNCILWOMAN KATIE ALLEN. MOTION CARRIED. [UNA 0b, Mayor Harrison reported that Assistant Fire Chief Jack Weinz.was the only candidate for Fire Chief and he successfully passed the written and oral Civil, -Service exami.hation. Mayor Harrison requested confirmation of.his appointment of Weinz as Fire Chief effective immediately. MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN'-'NAUGHTEN TO APPROVE THE APPOINTMENT OF JACK WEINZ AS FIRE CHIEF. MOTION CARRIED. Mayor Harrison then stated there was a vacancy on the Architectural Design Board, Chauncy Wight having resigned, that Jack North, who owns and operates the Edmonds Garden.Center, is qualified to fill this position, and that he wished to appoint him to that position. He further stated that the Council: could meet Mr. North prior to the next meeting at 7:00 P.M. in the Mayor's office. Mayor Harrison announced that the.Un.ion Oil representative could not be here on August 14 as scheduled, so he requested that the Union Oil annexation matter be rescheduled for August 21. • August 7, 1979 • MOTION: COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN THAT THE UNION OIL ANNEXATION MATTER BE HEARD ON AUGUST 21.. MOTION CARRIED. AUDIENCE Herb Wright asked the City Attorney for verification of why the previous motion regarding the Sunset Avenue problem was not put into effect. City Attorney Wayne Tanaka stated that the Council had voted to reconsider. Council had directed the attorney to prepare an ordinance in accordance with their instructions. That ordinance was prepared and presented to Council at the last meeting. It was on the Consent Agenda, it passed, then during the Audience participation a member of the audience requested Council reconsideration. Council voted to reconsider it, and had it placed on the August 14 Agenda. Several people along Casper Street .and further back .to the North were affected .by the one-way on Caspers from Second to Sunset. Herb Wright asked why the residents of Sunset should suffer the consequences of one individual. Councilman Naughten stated that it was an individual who came forth and said that the one-way street going east affected about 20 to 30 people having to drive clear down to Third Avenue, back up Second Avenue,.in order to get to their homes. Councilman Carns stated he did not know if once the ordinance had been passed that to reconsider it -would be a legal motion. City Attorney Wallace stated that once you make it you can break it. Mayor Harrison stated that maybe the Council should consider enacting two portions of that proposal which would limit the parking on the east side and restr.i:ct parking after 10:00 p.m.; then carry on with reconsideration of one-way traffic at the next meeting. He invited Attorney Wallace. to comment on that. John Wallace stated that it could be done by directing the Traffic Engineer. COUNCILMAN CARNS MOVED THAT PARKING BE RESTRICTED WITH THE EXCEPTION OF ONE-WAY BETWEEN CASPERS AND SECOND AVENUE. City.Attorney Tanaka stated that the ordinance had not been signed by the Mayor--there-was no ordinance now. He was asked if the City Engineer could be directed to erect signs on the west side of Sunset saying no parking after 10:00 p.m. and 4-hour parking the balance of the time. Councilwoman Allen asked if a temporary sign until August 14 could be erected. City Attorney Tanaka stated the police.could not enforce such a sign. City Attorney John Wallace stated that it was set for August 14 and Council could pass the ordinance at that time. They would • need 5 affirmative votes to have it take effect immediately. Mary Goetz of 2nd Avenue North thanked the Council for their action in taking steps regarding the Sunset and Casper automobiles and asked how the Council intended to address the problem of Second Ave. traffic. Councilman Carns stated it wouldn't increase the traffic on Second Ave. because it would in effect be sending traffic south on Third Avenue. Monte Ritter, of 20924 - 81st Place West,.stated he wanted to know what Fred Herzberg planned on doing about their street being torn up. Mr. Herzberg reported that they had not been able to find out from the gas company what their intentions were. There were reports that they were going to rip up the street and put in a gas line, but this turned out to be false. HEARING ON 7TH...AND ELM TREE -CUTTING Fred Herzberg distributed copies of minutes of hearings that date back to 1975 regarding the tree - cutting issue. He summarized the following: 7/2/75 discussion about alders, when it was decided to thin: them out at neighbors' expense and replace with more desirable trees; 8/5/75 question concerning City liability with regard to property if trees were removed; 8/19/75 removal of alders and planting of other trees would not necessarily affect the site with respect to mud slides; November 1978 question concerning improvement of slide area on top of hill. Later in November 1978.it was decided that minor improvements be made to the level area. On November 21, 1978 Council passed a resolution concerning tree -cutting. Three factors of this resolution were: tree would be cut if (1) it presented a safety or site distance hazard; (2) if the tree root system caused blockage of the underground utilities or roadway or sidewalks, and (3) if the tree was damaged.or diseased. It was determined that this was in conformance with -the policy plan which created the removal of trees to minimize particularly those located on:�steep slopes or hazardous soil. 5/22/79 citizens were.concerned that the trees were to be cut to 3-foot stumps and at that point the Council upheld the previous resolution. Subsequent to that, the residents on top of the hill felt their view was being infringed upon and brought the matter before the Council again. Tonight Council was to make a final decision. Fred Herzberg then showed slides of • the subject area. The trees in one area were from 50 to 55 feet high. At one point there is a 20-25 foot rise in elevation and quite steep. There is a stream that originates in dry weather which runs through several properties. Herzberg then showed slides of views from houses whose views were blocked. He then stated that the alders, when topped, compensate for the loss of the main trunk by sprouting two or three newer branches, causing very weak joints. The food -producing area of the tree is the main area of transpiration, and topping causes shock to the tree and it begins to die. Also, if the trees.were absent from the stream, the water would heat up more quickly which would be injurious to any fish in the stream. The root systems hold the soil and sediment and prevent the soil from going downstream. -The people who live above the subject area want to cut the trees to preserve or enhance their views. Recommendation is that this not be done; that the slopes which already exceed 15% should not be developed or di'sturbed.; and:since the property has no current or functional purpose for the City, that it be sold with covenants-'attac.hed to the deed.. Councilman Nordquist reminded Fred Herzberg that in 1975 the Council had a hearing on the property and had decided to retain it. Councilman Carns commented'on selling the property with covenants. He questioned what would happen if someone were to buy the property, build a house there, and cut the trees for a.view. City Attorney John Wallace said that an injunction could be obtained, with monetary damage obtainable.' Mayor Harrison stated that this was scheduled as a re -hearing and invited members.of the audience to speak at this time. Kurt Dunphy of 1126 B (north side of-property.in question) reported on a meeting that was conducted among the people who live both above and below the subject area. They had heard a rumor that the property was going to be sold. They wanted to reach a compromise that would be acceptable to the community and the Council. They decided that if the property were left as it was they would not object to the people above having the trees topped. In effect, whether the trees are topped or'not, they don't want the property to be sold. Councilman Nordquist questioned whether in 4n 1. • August 7, 1979 that citizens' meeting the subject of the expense was discussed for trimming the trees. Mr. Dunphy stated that at one point in time, there was a willingness to -absorb the costs. Councilman Nord- quist asked if,a limit to tree -topping was discussed... They,..suggested 10 to 15 feet from the tops of the trees. Mrs. John Klaus•ofb1131 Second South reported drainage problems and wanted this item to be put on the agenda. Joel Delisa of 1137 Second Avenue South stated:.his property is a lot wetter than it was in previous years and he now has to dig out his pond three times a year as compared to once a year in the past. He experienced a loss of plants. Councilman Carns asked if they had had the memo from Fred.Herzberg in relation to the effects of tree -topping would there have been a different outcome at the citizens' meeting? Mr. Delisa stated that the drainage problem affects mainly three families. Ron.Cribbs of 1159 7th South stated he would have a possible draining problem, too, and to leave the land the way it.i:s. Lenae McCauley of 7th and Elm said she called three nurseries and they said topping of an.alder tree.would.not kill it, but when it is chopped to a three-foot stump it would-be a different story. Lawrence Bogus of 740 Elm Street was concerned about the devaluation of his property should.the trees not be. cut. Mrs. Saginaw, 760 Elm, said they bought their house and property as view property and the citizens, at their meeting; had all agreed to top'the trees. Mayor Harrison asked if there was an.:agreement as to how much topping they agreed to. Mrs. Saginaw replied 10 to 15 feet. Councilwoman Allen asked Felix deMello about the tree -topping problem. He showed the projection'of the tree and its food -producing area, and suggested that as a solution another type of tree could be planted, such as willows. They grow to approximately 30-40 feet, but it-takes.10-15 years for the alders to die out. Councilwoman Allen alluded to the fact that in 1975 there was a proposal similar to that; that the area.be cleared and replantI ng done., and then the neighbors came up with a sum of money to defray the cost of planting trees. Felix. stated they all died. Mayor Harrison asked how many trees were involved in the replanting program. Felix replied perhaps.10 trees. Councilman Nordquist stated there would still be a stream problem, whether it i-s sold -or retained by the City. The alley on the west side is a concern of the City also. Councilwoman Allen suggested that the reforestation program discussed three years ago should be continued. Felix stated that the temperature of the water after the trees are cut.would eventually affect.the Union Oil swamp. That area could be a potential run for cut throat.% With the help of the State Fisheries Department, we could protect this run. A woman in the audience stated that many people around the area, not just 7th and Elm, were.havi-ng drainage problems Fred Herzberg stated they would area, on ways to reroute some.of that water up there. Harold Schierman`of 1161 7th,Avenue reported that if he had trees in his yard that obstructed someone else's,view, he would cut them down. But his neighbor in front of him has.poplars growing rapidly. He said everyone could not be guaranteed a view. Kurt Dunphy felt that the Council had not..had the proper time to devote to the matter. He stressed that the land should not be sold as the trees represented an aesthetic value now to the citizens. He emphasized that it is important as an open space area. Councilman Nordquist compared this area to Yost Park, stating that the Park was left mainly in its natural state. Perhaps the same results could be .obtained by retaining the property at 7th and Elm. MOTION WAS MOTION: MADE BY COUNCILMAN NORDQUIST NOT TO SELL THE PROPERTY. SECONDED BY COUNCILMAN CARNS. MOTION CARRIED. Councilman Carns stated the crux of the matter was summed up by Fred Herzberg in the August 2 memo to the Mayor and Council that "Public. Works recommends.that.the trees not be topped... adverse impact of water quality... increased maintenance requirements ... safety hazards from dead trees and branches..." It would seta dangerous precedent to allow the trees to,be topped, knowing the ramifications of -such actions; that it would take 10-15 years for the trees to d-1e out. If the trees were privately owned., no one could do anything about them. COUNCILMAN CARNS MOVED THAT NO TREES BE TOPPED. SECONDED BY COUNCILWOMAN ALLEN. She stated she would be in favor.of replacing the alders over a period of time. She felt.the City was not in the business of preserving views per -se. Councilman Carns.replied that a long-range program might be a different matter from the motion he put on the floor. He stated that -he could AMEND HIS MOTION: MOTION TO PROVIDE THAT THE CITY NOT TOP OR REMOVE ANY TREES AND THAT PUBLIC WORKS BE ASKED TO RETURN TO THE COUNCIL WITH A PLAN FOR REHABILITATION OF THE PROPERTY, REPLACING ALDERS WITH WILLOW TREES. COUNCILWOMAN ALLEN CONSENTED TO THE AMENDMENT. MOTION CARRIED. September 18 was set as the date.for hearing the restoration plan for the 7th and.Elm area... At that point, Mayor Harrison calledfor a recess (8:50 p.m.). • The meeting was called back to order by Mayor Harrison at 9:00:p.m. The Mayor reminded.,Council and audience that as to Item 5 on the Agenda the issue was whether the matter of the Esperance Annexation should be placed on the ballot for February, 1980. Mayor Harrison further stated that he would give equal time to both proponents and opponents. There also is a question whether Edmonds should pay for an election to see if the OVWD residents want to annex their area to the City. Mayor -Harrison asked M.A.A. Charles Dibble to ouline the issues involved in this potential annexation. The issues as summarized by Mr. Dibble included Iaw enforcement, taxes, streets, parks, development, fire service, water and sewer, and financial impact.. Other considerations were debt assumption and election costs. He stressed the main concern -of -.'the proponents was that of law enforcement. An analysis of the tax situation disclosed that the taxes are about 10% higher in the county than they are in the City. He stated that the Esperance.area is .now servirced by Fire. District #l, that since Edmonds is subject to.the Civil Service statute, present employees would have to pass the Civil Service exam but that, fortunately, the City's eligibility list expires in February, 1980 and exams would therefore be. -scheduled at that time. He.further stated that it would be, the City's goal to minimize the disruption of peoples' careers. Mr. Dibble stated that Olympic View Water Dis,trict's water rates are higher than in the City,.even when the utility tax is added, but that a merge of operations should result in some economies for.-the,p:resent_.' district operations. He concluded by stating that the staff recommended that the annexation issue .: be resolved by secret ballot. Mayor Harrison then called upon proponents to speak.. Ray Olson urged the Council to set an election, citing the isolated location of the area from the rest of the unincorporated area of the county. Walter Peale, 10705 - 231st S.W., stated there was a lack of police effectiveness in the area. Leslie Caplan, 23027 102nd P1. W., reported numerous problems with traffic, noise, drugs, and aochol, and they were unable to receive prompt police protection. Dale Hoggins, Principal of Snoline Elementary School; stated the primary reason,, -'for wanted annexation was that of law enforce- ment due to problems that have not..been.resolved by the County in an efficient manner. He cited some examples that were cause for concern which were affecting the atmosphere of the schools. Jim Barich, Principal of Madrona Jun.or.High School, discussed the issues of traffic safety, • 41U-. August 7, 1979 • drug education and rapport between police and schools. He reported that the County was not:.sufficienitly staffed to develop this type of program. He also reported that the critical times the schools experienced (7:30 to 8:00 a.m. and 2:30 to 3:30 p.m.) coincided with the shift changes of the Sheriff's office, and therefore, response was reduced.:....:.Ms. Janice Downs, 9520 231st P1. S.W. stated her children, who had been attending school in the Esperance area for about a year, observed a higher incidence of drug traffic and near-muggings'as compared to Seattle schools. Ellen Squillace, 10429-240th P1. S.W., stated there was a problem of having to call long-distance to Everett every time something needed attention and she would prefer driving to Edmondsrather than Everett to report any problems in the area. Ed Cosgrove, 24128 - 107th P1. West, commented on the "high class ghetto" wall of apartments going up on Edmonds Way. He was concerned with the stability of the area. At this point, Mayor Harrison invited the opponents to speak. George Mason, Co-chairman of "ACE" (Action Council for Esperance), stated that their purpose was to generate and assimilate information concerning issues which affect the Esperance residents. Mrs. Brown, ACE Co-chairman, stated they were still in the process of collecting anti -annexation signatures to present to the Boundary Review Board. There were over 1,000 but they have not seta deadline for the petitions to be turned in. Leo Cooper of 9324 - 220th S.W. cited a few incidents where didn't think there was a delayed response from the Sheriff's Department and he felt there was nothing in Edmonds that he missed. Brian Martin of 24025 - 95th Pl. West had.a question about the addition of more firemen to the area should it be annexed. He wanted to know how it would affect the fire insurance rating code. Chief Weinz replied they would be considering 12 additional positions. Robert Cronin, 10615 Robber's Roost Road, noted the profit and loss statement prepared by the City. It sounded to him that it would be a profitable venture for the City, as the City stood to gain approximately $200,000 from it. Harry Bruller, 22711 - 78th West, statedhe felt the bottom line was money. He didn't feel there were that many gains in being annexed. Eloise Press 24221 - 105th P1. West, said she felt the school problem was more of a confli:ct between the parents and the teachers rather than a lack of law enforcement. Mayor Harrison stated that each side had presented 9 speakers and that the public portion was closed. • Councilman Carns stated he tought it would be worthwhile to put the issue on the ballot and let the people decide. He cited statistics showing that Edmonds successfully closes a much higher percentage of criminal cases than does the County, and pointed out in several respects how the citizens would be better off from a taxes and services standpoint if they voted for annexation, concluding that the City should give the people a choice to decide the issue. Councilman Naughten agreed. Councilman Nordquist said he would also like to see it placed on the ballot and that the residents should not have to absorb. the City's current indebtedness which is only about $13.52.per capita. COUNCILWOMAN MOTION: ALLEN MOVED FOR ADOPTION OF RESOLUTION NO. 449 CALLING FOR AN ELECTION FOR ANNEXATION, PROVIDING THE COST OF THE ELECTION BE PAID BY THE CITY, FOR NO ASSUMPTION.OF INDEBTEDNESS, AND SETTING AN ELECTION DATE OF FEBRUARY 5, 1980. SECONDED BY COUNCILMAN CARNS. MOTION CARRIED. 10:15 - Ten,minute recess. 10:25 - Meeting reconvened.. MOTION: COUNCILMAN CARNS MOVED THAT THE COUNCIL AUTHORIZE AND DIRECT PUBLIC WORKS TO INITIATE A STUDY TO DETER- MINE THE LEVEL OF SEWAGE THAT THE EDMONDS TREATMENT PLANT NOW HANDLES IN AN EFFORT TO DETERMINE IF EDMONDS CAN ASSIST LYNNWOOD'S NEED FOR ADDITIONAL SEWER CAPACITY, PROVIDED.LYNNWOOD PAYS FOR THE STUDY. COUNCIL- WOMAN ALLEN SECONDED. MOTION CARRIED. Councilman Nordquist requested that an item be placed for discussion on next week's agenda regarding youth activities. MOTION: COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO SET AUGUST 28 FOR A BRIEF REVIEW OF THE NUMBER OF MEMBERS ON THE PLANNING COMMISSION. MOTION CARRIED. Councilwoman Allen said Council received notice from Snohomish County Cities and Towns regarding the .. discussion of a county -wide levy to provide funding for emergency medical services. Discussion followed. • Councilman Carns reported there would be a meeting on August 15 to finalize the plan. Councilman Nordquist suggested that notice of a baseball challenge from Parks and Recreation should be put on "agenda" for the 24th.. MOTION: COUNCILMAN CARNS MOVED FOR ADJOURNMENT, SECONDED BY COUNCILWOMAN ALLEN. MOTION CARRIED. There,was no fd rthe�r business:,to.:come before the Council, and the meeting adjourned at 10:35 p.m. Executive Session followed. IRENE VARNEY MORAN, ITY CLERK HAR1E .,IHARRISON, -MAYOR E 0