19840501 City Council MinutesMay 1, 1984
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The second "Town Hall': meeting was called to
order at 7:30 p.m. by Mayor Larry Naughten in Doces
Auditorium. The meeting was co -sponsored by
the Ballinger Community Club. All present joined
in the flag salute.
PRESENT ABSENT
STAFF PRESENT
Lar,ry.Naughten, Mayor Jack Wilson
Pat LeMay, Personnel .Director
Jo -Anne Jaech
Jim Adams, City .Engineer
Steve Dwyer
Jack Weinz, Fire Chief
aura Hall
Dan Prinz., Actg. Police -Chief
Bill.Kasper
Steve Simpson,.Parks & Rec.. Dir.
John Nordquist
Bobby Mills, Actg. Pub. Wks.- Supt.
Lloyd Ostrom
Art Housler, Finance Director
Brian Stewart
Marylou Block, Planninq.Director
Jim Jessel, Property P1anager
Jackie Parrett, City Clerk
John Wallace, City Attorney
Shirlie Witzel, Recorder
INTRODUCTION AND EXPLANATION OF MEETING FORMAT
Mayor Naughten welcomed everyone to the Town,Hall
meeting and explained the.purnose and format of
the meeting. He then introduced the members
of the Council and City.Staff members. He thanked
Carol Chapman, President of the Ballinger Community Club, and the members of the club for their
help in advertising the meeting.
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May 1, 1984 - continued •
AUDIENCE
Patrick Halstead, 23601 79th Ave. W., asked for an answer to a complaint submitted to the City two
weeks ago regarding garbage not being properly disposed of by a neighbor. .He asked when action would
be taken, adding that his dog had encountered a rat this evening, both animals being much the worse
for wear now, and he noticed the rat retreating in the.direction of the garbage. He then thanked
the police for their excellent response in regard to traffic.problems on the street. Actinq Police
Chief Dan Prinz responded that he did not understand why the garbage complaint had not been handled
more promptly. These matters are generally taken care of the same day, by the''following day at
the latest. Chief Prinz said he would check with the Animal Control person on Wednesday.
Bert Stoke, 23525 74th Ave. W., wanted to know if.the $350,00.0 to clean Lake Ballinger had been
spent. The,only time anyone can swim is during.May and June; after that'.there are so many..
weeds no one can dive from the .dock or.swim. He said he had also noticed a very large.area of
oil near his beach as a result of the run-off from the surrounding arterials and Aurora Village.
He asked if any filters were planned for the drains into the lake. City Engineer Jim Adams re-
plied that the milfoil problem would probably have to be controlled by the property owner, but
he would check with King County engineers. Regarding the oil, he noted that the lake drains
parts of King County, Mountlake Terrace and Snohomish County as well as the areas mentioned. He
added that new developments are required to install oil separators. The older areas do not have
the separators and the City is slowly getting them installed. He said he would check with the
State regarding the highway on the south side of Lake Ballinger. A member of the audience again
raised the question of the money spent on the project. Mr. Adams said the project was administered
by Mountlake Terrace and suggested questions be directed to them concerning the amounts spent.
Councilmember Kasper noted the project extended from Lake Ballinger to 218th St. S.W. and included
channelization, weirs and the cleaning of Halls Creek.
Marilyn Waterman, 24.129 Beeson Pl., asked why an added assessment for waterfront property was
reflected on tax bills this year. A member of the,audience replied the assessment was for mainte- •
nance of weirs in the lake. He added thatonly the lakefront property owners pay this, while
Mountlake Terrace has a huge park.used.by.hundreds of people and they'are not assessed. He noted
that it was an unfair tax.
Andy Husak, 8027 242nd St. S.W., spoke regarding concerns about the closing of 242nd St. S.W. He
had .expressed these concerns before the City Council and had spoken with G. John Doces. He hoped
the residents of the street and the City could work together to effect a closure of this street. He
also commented on a previous proposal before the City Council to make the area into a mall, saying
he was glad the plan had been defeated. He asked if the neighborhood could be informed of progress
in the area, i.e. use of land, permits applied for and issued, etc. He commented that the attitude
of people in the neighborhood is constructive and would be aided by obtaining reliable information.
Mayor Naughton responded that a letter would be forthcoming regarding the codes and their enforce-
ment. The Mayor said there were some things that had to be taken care of and those are being done.
All irregularities have been noted and are being corrected. Mr. Husak reiterated that the citizens
have a right to information concerning their neighborhood that is pertinent to the environment.
Councilmember Hall said this was Mr. Husak's opportunity to be specific and present his ideas. Mr.
Husak said he believes the City has more controls over land use than by just a contract with built-
in methods within the code which should.be applied fairly. He said the area should be used rather
than pushing stumps around and pushing gravel against the trees. The trees, will be subject to rot
and will be lost in a windstorm within five years. Another concern is traffic because of the speed
on the street and the children in the area.
Bob Boye, 24325 76th Ave.-W., said he had three items to discuss. First, he expressed thanks from
the people in the Ballinger area for the cooperation, help and assistance rendered by the City
Council during the past two years while Ballinger residents have resisted the Metro bus barn project
at Holyrood Cemetery. He added that Council support exceeded their expectations. The Holyrood
Cemetery site is still one of three or four sites still in contention and; he noted, the area may
have to call on the Council again this fall. Second, the Ballinger area expressed appreciation for •
the efforts of Councilmember John Nordquist during the past .years. Mr. Boye noted Councilmember
Nordquist had served on the Council for 17 years. Third, he solicited response from the Council
concerning studies made on Highway 99. He mentioned the study done by John LaTourelle`in,which.the
entire commercial district along Highway 99 was addressed. He said the major recommendation
of this study was to raise height restrictions on Highway 99 to 100 feet or be completely unre-.
stricted. He asked for response from the Council regarding removal of the building height along ...
Highway 99. A follow-up study was conducted by Reid -Middleton dealing with sewage, traffic.,
drainage, etc. He asked for Council response on several recommendations: 1. That 2'36th be made
into a minor arterial between 84th Ave W. and 76th Ave. W. widening the road to 44'- 60' right-of-
way which would cut through the middle of the Ballinger area. This would include 228th St. S.W.
becoming a 44'- 60' right-of-way street. 2. The study also suggests that 76th Ave. W. be made into
a four -lane highway and Mr. Boye asked for response on traffic that would be generated by this
change. 3. The storm run-off is also addressed, with new lateral lines being put into existing
lines, but nothing is said about any storm drainage interceptors, leaving Lake Ballinger as a
receptacle for anything that might drain into it.
Mayor Naughton mentioned that Mr. Boye is a member of the Edmonds Planning Board. Councilmember
Nordquist responded that the City had requested a four-way flashing light at the intersection of
236th and 76th but received two red and two yellow signs and consequently asked Mr. Latourelle
to include the intersection in his study. Regarding 228th, Councilmember Nordquist said, two
different proposals had come before the Council to extend 228th between Highway 99 and 76th Ave. W.
Both times the Council turned the proposal down because the City owns only half a street and would
have to buy the other half from the Putt -Putt golf course. In his opinion, the Council would not
look favorably on extending 228th St. S.W. In regard to the Highway 99 question, Councilman
Nordquist said, a buffer strip was maintained between the residential and commercial zones when the
area was first annexed in 1963 or 1964. S. S. Kresge had wanted the site for a K-Mart before Doces
built the present structure. He noted that there were fewer pieces of property available for development
as time progressed and vertical. development should probably be considered on an individual basis.
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May 1, 1984 - continued
The hospital was a challenge at 110' but people.recognized the need and accepted the height. He
noted —that the study on Highway 99 is'not completed and the Council is waiting to see what is
presented.
Mr. Adams, responded to the question of surface run-off,'noting that Edmonds requires that the rate
of run-off for any new development be no greater than.the rate prior to development; therefore,
constrictors are installed to control the rate of run-off. In addition, new developments are re-
quired'to •install oil separators. As -a result, water run-off and pollution are being controlled
better than in the past. Mr. Adams:.also said the City has not been able to enforce proper mainte-
nance of these installations but that he had set a goal to police those installations and get an
ordinance through this year.
Councilmember-Ostrom commented on the height restrictions on Highway 99. He said the Council would
welcome imput on the subject from the people affected. Recent public hearings have not been well
attended by residents in the area; and he suggested that people respond to any future hearings and
let the Council know what they think. Councilmember Hall commented on a tour around the area taken
by the Council about a year and a half ago. She said she would like to take a good look at.the
issue, believing there may be some merit to raising the height. She also suggested that resident
imput would be very helpful' in the.decisions that.will have to,be made.
Bert Stokes, 22535 74th Ave. W., asked how high a building could'be before it would present a
serious fire hazard. Fire Chief Jack Weinz.replied that high-rise buildings are designed with
protection systems in the building. The.highest piece of aeria•1 equipment in the area is 100'.
Seattle also has only 100' high aerial equipment and their buildings are much higher. High-rise
building construction is very strict and is well controlled. Councilmember Hall commented..that=
she had.felt much as Mr. Stokes felt, but Chief Weinz had convinced her that the protection
systems are built into the high-rise buildings.
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Vern Elder,°22701 78th Ave..W., had noticed the concern people have for the building heights on
Highway'99, the Doces property, and the condition of Lake Balli.nger.. However, he said, people tend
to forget in -regard to Highway 99 that it is not the highest point.around and that there are areas
of Highway 99 that,are not controlled by the City. The likely area, he said,.for less height
restrictions is on Highway 99. It is a commercial.district and .should .be treated as such with
certain advantages.given to developers to build with adequate height to regain..their..costs over a
short period of time. People tend to forget that.a compromise is necessary between surrounding
property owners and the commercial developer. He expressed his hope that people would keep -in -mind
that the City has only so much authority and can only control Highway 99 on the east side from 240th
to 220th. By being too restrictive in building and height requirements, the City will discourage
the areas on the west from annexing.
Ed Bahr, 23004 75th Ave. W., asked if the City Attorney r.esided.'in Edmonds or Seattle. City
Attorney John Wallace said .his office was located in Seattle. Mr. Bahr asked why the City of
Edmonds had to -go -outside the City to find an attorney. Mayor Naughten explained that Mr. Murphy,
.of the firm of Ogden, Ogden, and Murphy, lives in-Edmonds.1 The firm deals with nine municipalities
and specializes in municipal law. The City retains them on an annual'basis; since it is less ex-
pensive to obtain legal consulting in that manner than to hire an attorney for 8 hours a day. In
addition the City is receiving good•legal counsel'. Mr. Bahr then noted that opening 238th St. S.W.
as an access from the freeway to 76th had made 238th a feeder for 75th and 75th feeds 236th with a
great increase in traffic. He said they have tried repeatedly to have radar traps set up for
speeders. Mr. Bahr noted that the police department had been effectively dealing with burglaries
and thieves, but cooperati'orr on the traffic in the area leaves much to be desired. Another problem
noted by Mr. Bahr is the intersection of Highway 99 and 76th. In the evening there is traffic
backed up on 238th and 76th and in the morning there is traffic on 76th feeding from Highway 99 to
205th St. He said the speed limit should be at least 35 mph rather than the present 30 mph.
Lastly, he noted that they are being assessed'50% of their sewer bill for building other sewers.
Mr. Adams replied that residents are charged $14.91 as a.cost for sewer service, which pays for
running -the sewer:(both storm and sanitary sewers), for new storm sewers in the city (including•two
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in Mr. Bahr's neighborfiood),.upgrading the sanitary system and is paid by every homeowner in the
City as a basic rate for that service. When a new system goes in to serve a new area, that is paid
for'by the people served by the new sewer.
Doug Rogers, 23627 74th Ave..W.,•asked if the disappearance of mallards is connected with the
shooting of the coots and'mudhens by Mountlake Terrace when they purchased the -golf course. He said
he still hears shotguns early in the morning and wondered if Mountlake Terrace is still shooting
birds and if there.are any coots left. A member of the audience said,he had seen someone shooting
mudhens but had not seen him shoot any mallards. Mayor Naughten suggested that the question be
raised before the Mountlake Terrace City Council. Mr. Rogers also said it was good to have the town
meeting,
Bob Williamson, 23731 74th Ave W., asked Mayor Naughten if anything had been done regarding closure
of the access off 74th Ave. W:°to Lake Ballinger during the night to prevent some of the problems
that are occurring. He said he believed the access should be abandoned; if that is not possibl-e, it
should be closed during the night. Councilmember Hall. asked Parks and Recreation Director Steve
Simpson if there had been any recommendation on utilization of the area. Mr. Simpson replied that
the Recreational Sites Study recommended no action,on small streets ending at -the water. Planning
Director Mary Lou Block commented that the Shoreline Management Act may preclude the closing off of
public -access to :the Lake since the purpose of the•act is to increase access to the water.
Wanda Williamson, 23731 74th Ave. W., said there is no parking for that access except on the road
since 74th is not wide enough now for two cars to pass in front of the access road. People are
parking on private property to fish or use the access. She asked that the City parking if
,provide
the access remains open for public use. Mr.•Williamson said that since there is now a suitable
access to•the:lake at the park in Mountlake Terrace, he wondered if the access.in question could not
be closed in:spite of the.Shoreline•Management Act. Mr. Wallace said there were limitations upon'
the City's.ability to vacate the access since it is abutting on water but there woul-d'be no limita-
tions on regulating access the same as any other park.
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May 1, 1984 - continued is
Fritz Broggeman, 23737 76th Ave. W., said he didn't understand what problems there were at night.
Mr. Williamson invited Mr. Broggeman to go with him to the access and he would show him broken beer
bottles, damaged fencing, and a number of people late at night who party there.
Mr. Husak said he had used.the area and wondered if it was a State Game fishing access. Mr.
Williamson replied that at one time it was a County road within 15' of the water, the last 15' owned
by Mr. Ballinger when he owned the island. Mr. Husak said he had parked under the pine tree across
from the access and,had not realized it was private property. He agreed that the City should look
into controls on the access.
Mayor Naughten called a ten minute recess at 8:37.
Following the recess, Mayor Naughten invited further questions from the audience. Councilmember
Jaech asked City Clerk Jackie Parrett to review the hearing process since several people had asked
how they would be notified of any hearings. Ms. Parrett responded that signs advertising the
hearing are posted in the general area of concern, notices are also posted.at the Library, the Post
Office -and in the lobby of the Public Safety Building. These notices will contain the date, time
and place as well as the subject of the hearing. In addition, a Council agenda and minutes are sent
to the President of the Ballinger Community Club. Council agendas are published in the Herald every
Monday, also.
Mayor Naughten introduced Cindy Altick of the Edmonds View, the new Edmonds paper.
Mr. Husak said the property he.had mentioned earlier is also being used as a dump and he asked the
City to check on the area.
Elizabeth Mathay, 8006 240th St. S.W., thanked the Council for meeting with residents of the
Ballinger area. She noted, however, that it is difficult to obtain information about the City. She •
suggested that an information center be established in the Library or other easily accessible area.
Councilmember Hall mentioned that any citizen may leave a stamped, self-addressed envelope at the
City Clerk's office and any items they wish will be mailed to them. Councilmember Jaech suggested
talking with the Library about keeping a binder of Council and all Board minutes,which would be
readily accessible to citizens. Councilmember Hall.asked those.present to help the City to work
with Sno-Isle in getting this information since the -City does not own the Library. Ms.. Parrett
mentioned that the material which the Council receives for consideration at their next meetinq is
posted in the lobby of. the Public Safety Building. The material contains previous meeting minutes,
the agenda and extended agenda, and.background information on:the items on the agenda.
Gordie Lindstrom, 23511 74th Ave. W.,..asked what the Council feels about the pocket of County land
lying within the City; and if it is possible for the City to actively encourage annexation. Mayor
Naughten responded that annexation had been discussed earlier in the day. He noted that the City
should determine areas of priority for annexation, where the City can provide better service than
the area is presently receiving.. Mr. Wallace indicated that nothing prohibits the City from aggres-
sively pursuing areas for annexation. Mayor Naughten pointed out that several business areas along
Highway 99 want to annex but are waiting until the sign.code has been determined. The Mayor said
the City is interested in annexations and realizes the need for annexations in order to keep the tax
base varied and revenue increasing:
Councilmember Kasper noted the:City has a policy of encouraging annexations down to 1/4 blocks.. For
the past three years,.he said, the staff have been approaching businesses and working with them on
their problems and reasons for not annexing. The City doesn't feel it would be very costly to annex
these areas, since most of the areas are presently covered by interlocal agreements. In some areas
it would be an advantage. to the City. In response to a question from the audience, Councilmember
Kasper said the City is presently servicing the sewer district of Olympic View Water through the
Edmonds sewer treatment plant and some water lines are inter -tied for back -pressure for fires. The
area is integrated to the point that not much would change except where the billing goes; and, in
some areas, that would not change until the annexed area was large enough to absorb Olympic View
Water.
Jim Chapman,. 23321 75th Ave. W., asked what type of ordinance the City has concerning maintenance of
property, such as residential homes that have junker cars or the upkeep is very poor. Mr. Wallace
replied there are ordinances relating to the 'abandoned hulks' although -the Supreme Court has ruled
on this recently, and some changes may have to be made in State legislation to effectively be able
to get rid of the junker on private property. Also, accumulations of garbage, that constitute a
potential hazard to the public health, safety,.and general welfare, may be regulated by the City.
In terms of general maintenance of grounds, he said, the City has very little power unless the grass
reaches a height and dryness that could constitute a fire hazard. He noted that anything consti-
tuting a public hazard can be regulated, including refrigerators from which doors have not been
removed and animal pens when the owner does not properly maintain them. Councilmember Nordquist
asked if an ordinance exists pertaining to uncompleted construction, which would give the City power
to require completion. Mr. Wallace replied that the City has only the building code unless there is
a hazard of some type. He said there is nothing that requires completion of a building.
Pat Eldridge, 7717 200th St. S.W., asked if there is a policy regarding the maintenance of planting
strips. She mentioned areas on 76th and Main Streets that are not well kept. Mr. Wallace responded
that maintenance of sidewalks and planting strips are the responsibility of the property owner. The
City can mow the public right-of-way, if found necessary.
Mr. Husak asked if the code required that a house be compatible with the surrounding area. Mr.
Wallace said the City has specifically not attempted to regulate single family residential build-
ings, although it does regulate multi -family building. Mr. Husak then asked if trees are not
regulated by ordinance concerning removal or topping of substantial trees. Mr. Wallace replied that
there is regulation of trees during new developments; however, once that house is in private
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May 1, 1984 - continued
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ownership, the owner may do what he wishes with the tree. Mr. Husak referred to the trees he had
mentioned earlier and asked if something could not be done about those trees before they are de-
stroyed with wet rot. Councilmember Dwyer answered that if the tree reaches a state where it is a
public nuisance, the tree could be removed. Mr. Husak asked, if it could be shown that the gravel
collaring the tree constitutes a potential hazard, whether steps could be taken; rather than waiting
for -the tree to -blow down. Councilmember Dwyer replied that there is no more reason to wait for the
tree to blow down than to wait for a child to be trapped in a refrigerator. If hazard can be
shown, steps could be taken.
Carol Chapman, 23321 75th Ave. W., spoke concerning tree cutting in the neighborhood and the
resulting burning and wondered if permits were required. Another concern she mentioned was regard -
traffic. There has been an increase in traffic and speed since their streets have been paved.
She asked if islands could be constructed at intersections to slow traffic. Councilmember Jaech
said curb work had been used to slow traffic in Seattle areas.. Ms. Chapman then asked what pro-
cedure was necessary to have -that type of thing done. Mr. Adams said, in the Seattle area, neigh-
bors petitioned the Council and then paid for the isl.ands or curbs. He suggested the City might
provide a design for the citizens' use, if the Council decided that was something they wanted done,
then the residents of the neighborhood could form an'L.I.D. or other program for payment. Regarding
the burning, Chief Weinz suggested Ms. Chapman check with the Fire Department to see if proper
permits have been issued and, he said, the Department would also like to know if the burning
constitutes a nuisance.
Gordie`Lindstrom asked if the City would provide a design specification for the..traffic control
islands.being discussed, enabling the residents of a neighborhood to do this easily. Mr. Adams
reiterated that would be a Council decision. Several members -of the Council expressed support of
the idea, with the reservation that the total effect of any island or curb work on a particular
street would have to be considered.
Vern Elder asked how these islands would affect the speed of traffic on 76th. Mr Adams said the
speed would necessarily be reduced. Ms. Chapman clarified that she had been referring to side
streets off 76th, not to 76th Ave W. proper.
Doug Rogers noted that the storm drains were installed on the high side of the road where 236th
meets 74th and asked if the City could do something about the water run-off. Mr. Adams replied they
would look at it on Wednesday, May 2.
Priscilla Reuble, 23319 75th St. S.W., thanked the Council for the time and energy spent in coming
to.the meeting this evening. She also asked Chief Prinz to pass along to his officers her appreci-
ation of the patrols in the area and encouraged them to keep up the good work.
Mayor Naughten thanked the audience for their presence and participation. He also introduced Brian
Stewart, the Student Representative from Woodway High School, who had joined the meeting after the
earlier introductions. The Mayor asked those present to bring any other questions they might have
to Council meetings every other Tuesday evening when audience participation is part of the agenda.
During that time anyone may.speak about anything they might like. He assured those present that
questions raised this evening would be addressed by City staff.
SOUTH COUNTY DISTRICT COURT FILING FEES
COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, THAT MAYOR NAUGHTEN BE AUTHORIZED TO
SIGN THE INTERLOCAL AGREEMENT WITH THE SOUTH COUNTY DISTRICT COURT ESTABLISHING DISTRICT COURT
FILING FEES FOR CRIMINAL AND CIVIL TRAFFIC INFRACTION ACTIONS MOTION CARRIED WITH COUNCILMEMBER
JAECH ABSTAINING SINCE SHE HAD HAD NO OPPORTUNITY TO READ THE INFORMATION ON THIS MATTER.
Since there was no further business to come before the Council, meeting adjourned at 9:35 p.m.
J(ACQUE,tINE G. PARR TT, City Clerk LARR S. NAUGHTEN, May r