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10/10/1995 City CouncilApproved 10/17/95 EDMONDS CITY COUNCIL APPROVED MINUTES OCTOBER 10, 1995 The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Laura Hall in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Laura Hall, Mayor Tom Petruzzi, Council President (7:35 p.m.) William J. Kasper, Councilmember Michael Hall, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember Barbara Fahey, Councilmember r:11: 3-W David Earling, Councilmember Emily Shen, Student Representative STAFF PRESENT Michael Springer, Fire Chief Art Housler, Administrative Services Director Rob Chave, Planning Manager Noel Miller, Public Works Superintendent Brian McIntosh, Cultural/Recreation Supervisor Pat Harris, Parks Maintenance Supervisor Phil Olbrechts, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder Brian McIntosh, Cultural/Recreation Supervisor, introduced. Dr. Ellen Kahan, the new Edmonds Elementary School principal. Dr. Kahan stated she was pleased to be in Edmonds and intends to make Edmonds Elementary School a part of the Edmonds community, both at the school and in the streets of Edmonds. 1. REVIEW OF POLICY REGARDING TREES Mayor Hall acknowledged correspondence received from the following citizens: Harold M. Skoog, Mrs. H. Piazza, Hazel Miller, Lucille P. Conley, Roland J. Scott, Lurline B. Brown and Ralph and Marlene Ulricksen. Rob Chave, Planning Manager, advised this item was raised at a previous Council meeting. The Community Services Committee discussed it and suggested it be brought to full Council discussion to address the five questions in the City Attorney's memo of September 7. Resolution 418, adopted in 1978, addresses the policy for cutting of trees on public rights of way. This review is to determine the Council's wishes regarding revisiting, revising or drafting a new policy and to look at the review process. Councilmember Kasper stressed this discussion did not apply to all trees in the City, only improperly planted trees with severe impacts. City Attorney Phil Olbrechts, stated the limits of the tree cutting policy should be addressed. He noted the Mariner Plaza situation is not an isolated incident, and a procedure to deal with similar situations is necessary. He noted the Council has dealt with tree cutting three times since 1983 and has decided each time not to do anything because the issue became too complicated and controversial. The only City in the State that deals directly with tree cutting is Tacoma; the City Engineer makes a determination whether a tree is to be removed. The factors the City Engineer considers include view benefit, extent of view impairment, quality and density of vegetation, aesthetics of entire area, planting symmetry, pruning vs. removal vs. topping, and proximity to power lines. A total of 17 issues are considered, although the City Engineer in Tacoma feels the ordinance needs to be more specific and the 17 factors prioritized. Mr. Olbrechts advised that City Attorney Scott Snyder recommends, if the Council wants to proceed with a waiver process, to have an ADB review, which includes public notice. Mr. Olbrechts addressed the first question, should a waiver process be established? Councilmember Kasper noted the ADB has not been involved with much tree planting. Trees mandated since 1981 did not reflect the neighbors wishes, but only the recommendation of the ADB. He felt this needed to be addressed on a waiver basis. Councilmember Hall asked what the wavier would accomplish in addition to what the City is presently allowed to do. View corridors would not be addressed by the waiver. Mr. Olbrechts advised Resolution 418 currently addresses public safety issues. Mr. Chave said the waiver would not address cutting trees that block view corridors. One approach could be to identify view corridors and adopt procedures for views and plantings in those view corridors to establish a standard. Mr. Olbrechts noted this could include standards to require certain plantings in view corridors, heights and alignment of buildings to prevent view obstruction. Councilmember Hall observed there is no view corridor protection in Edmonds, the only protection is height limits. Councilmember Fahey stated the purpose of the meeting is to present guidelines and criteria so the ADB can review and prepare a proposal. She pointed out views determine property values in many areas of Edmonds and the policy limiting building heights prevents the obstruction of views. When trees grow above the building height limit, property values are lowered, ultimately diminishing the tax base. She favored an evaluation of trees planted on public property that diminish property value due to growth patterns and requiring new plantings in accordance with building height limits. She wants to provide relief to Mariner Plaza but did not feel a policy should apply to parks or old growth trees. Mayor Hall noted many complaints are received regarding trees in City parks. She questioned how tree heights could be regulated. Mr. Chave explained the City Attorney needs guidance from the Council, what the Council is most concerned with --standards for new development, existing trees, new plantings, etc. Councilmember Hall suggested if an individual wants to pay to remove a tree, it could be addressed on a case -by -case basis. He expressed concern that a policy regarding tree cutting would be unconstitutional in other areas of the city's police power. Councilmember Myers stated he would like to read the letters submitted and Tacoma's ordinance. He noted many citizens are concerned with trees blocking views. City Council Approved Minutes October 10, 1995 Page 2 Councilmember Kasper noted there are waivers currently that are not followed through on such as Brackett's Landing. Trees are mandated by the ADB, then waived, and the trees ultimately planted exceed the height of the building . He referred to the row of trees planted by the State Highway Department and questioned if the City had approved these trees. Mr. Olbrechts said the 17 factors outlined in the Tacoma Ordinance should be considered; as well as view corridors and whether the City was responsible for placing the trees in certain locations. Councilmember Hall cautioned the Council that narrowing restrictions would result in a policy that is unconstitutional. Councilmember Fahey requested the City's policy address trees planted by the City on public rights -of -way which restrict existing views established but not include trees in parks. in the future, the Council can look at ornamental plantings that diminish views. Councilmember Nordquist recalled Resolution 418 resulted from bulldozing of trees on 7th and Elm for a view corridor. He noted the intention when planting trees in the ferry holding lanes was simply to plant trees, height was not a consideration. He questioned whether trees should be allowed to grow to their ultimate height or be trimmed to an acceptable height. Mr. Chave advised he would obtain additional information from Tacoma for discussion at a Council work session. Mr. Olbrechts observed the Tacoma ordinance does apply to view blockage. The most notable constitutional issue to be considered is who will pay for removal of trees to enhance someone's view. In Tacoma, the property owner pays for that. In cases where the view is blocked by trees improperly placed by the City, the payment for removal becomes more complicated. He reminded the Council to keep cost in mind as well as who will pay for the tree removal. Council President Petruzzi was willing to consider changes for view corridors and restricting tree heights but was not willing to have the removal be a cost to the City. He noted the attorney for the owners of the building indicated the removal would be borne by the owners of the property (attorney agreed). Councilmember Myers suggested pruning rather than topping should be considered as an alternative as topping often results in the death of the tree. Councilmember Fahey agreed cost should be built into the ordinance. She did not want this issue to be discussed for an extended period of time and thus no answer provided to the individuals who brought the issue before the Council. A short term solution to provide immediate relief for this problem is necessary in addition to a phased -in overall tree policy. Councilmember Hall stated he was open to the group paying for the removal of the trees and planting of replacement trees. He felt this was an appropriate way to solve similar problems, on a case -by -case basis. Mr. Olbrechts cautioned this may set a precedence as this is not an isolated case. Council President Petruzzi favored setting this matter over to another meeting. Although he wanted to provide relief for the group, he was concerned with setting a precedence. Council agreed to discuss the matter for 30 minutes at the October 24 work session. Mr. Olbrechts clarified the Tacoma ordinance operates on a case -by -case basis but has standards to allow fair treatment. City Council Approved Minutes October 10, 1995 Page 3 Council President Petruzzi suggested this be discussed at a public hearing. Councilmember Hall cautioned the Council about acting too quickly as interested individuals may not be aware of the discussion. He felt a case -by -case basis would allow time to deal with the entire policy issue. Council President Petruzzi felt both could be accomplished, if the evidence at the hearing indicates, a solution could be worked out for this group and continue the hearing for discussion on the issuance of the ordinance. He expressed concern with acting quickly to accommodate one group without allowing public input. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI TO EXTEND THE DISCUSSION FOR THREE ADDITIONAL MINUTES. MOTION CARRIED. Councilmember Myers wanted the ADB to have input before the Council passed an ordinance and requested the Tacoma ordinance be included in next week's packet. Councilmember Fahey suggested Council consider a proposal at the work session on a potential solution to meet a short term need for this group and similar situations without setting a precedence. It then would be needed to be reviewed by ADB and be subject to a hearing process. Council President Petruzzi advised the topic would be discussed for 30 minutes at the work session following the Consent Agenda and requested the City Attorney be available for the discussion. Mr. Olbrechts summarized proposals would be limited to trees improperly placed by the City and not deal with parks. The Council adjourned to committees at 8:00 p.m. SANDRA S. CASE, CITY CLERK City Council Approved Minutes October 10, 1995 Page 4 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street, Second Floor 7:00 -10:00 p.m. OCTOBER 10,1995 CITY COUNCIL COMMITTEE WORK MEETING (Second Tuesday of Each Month) The three City Council committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Council will first meet together as a full Council, and will then meet separately as committees in different meeting rooms as indicated below. CALL TO ORDER AT 7:00 P.M. FLAG SALUTE FULL COUNCIL REVIEW Large Plaza Meeting Room, Library Building (Second Floor) (A) (30 Min.) REVIEW OF POLICY REGARDING TREES 2. COMMUNITY SERVICES COMMITTEE Large Plaza Meeting Room, Library Building (Second Floor) (A) (30 Min.) DISCUSSION OF SEWER CODE CHANGES (B) (15 Min.) DISCUSSION OF EDMONDS ELEMENTARY PLAYGROUND UPGRADE 3. PUBLIC SAFETY COMMITTEE Small Plaza Meeting Room, Library Building (Second Floor) (A) (20 Min.) DISCUSSION ON MEDICAL CONTROL PHYSICIAN (B) (20 Min.) DISCUSSION ON ESPERANCE CONTRACT AND PERSONNEL 4. FINANCE COMMITTEE Francis Anderson Center, 700 Main Street, Room 121 (A) (10 Min.) CONTINUED REVIEW OF BUSINESS LICENSE FEES (B) (15 Min.) REVIEW OF BUILDING PERMIT FEES (C) (15 Min.) CONTINUED DISCUSSION ON DIVE RESCUE TEAM AND RESCUE BOAT FUNDING (D) (15 Min.) REVIEW RECOMMENDATION TO REFUND 1991 G.O. BONDS (E) (5 Min.) APPROVAL OF PETTY CASH EXPENDITURES FOR MONTH OF SEPTEMBER 1995 PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. THE COUNCIL AGENDA APPEARS ON CHAMBERS CABLE, CHANNEL 32. THIS MEETING IS NOT TELEVISED.