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19741105 City Council Minutes195 • 1 1 • 1 MOTION: • 1 BUDGET DISCUSSION There was general.discussion.:on.the 1975.preliminary budget. ANNOUNCEMENT RE/ALTERNATIVES FOR WASHINGTON FUTURE (EDMONDS) M. A. A. Ron Whaley reported that he_and City Planner, Joe Wallis, participated in.the above program last July. They were both impressed in the procedure for gathering citizen input as to what the citizens mould envision for the State of.Washington by 1985.• They thought perhaps this could be applied on a local level. Mr. Whaley said that on -November 16th, we will hold what will be called "Alternatives for Edmonds"..! A cross-section of the papulation will be gathered together to participate, and he encouraged the council, various boards and commissions to also participate. The individuals would be asked .to seta policy or goal for 1985 for Edmonds,,: and what implementing processes would be involved. Discussion followed. There being no further business to come before council, the meeting adjourned at 10:35 P.M - IRE VARNEY••, Qfty Clerk November 5, 1974 ROLL GALL - AR • The regular meeting of the'Edmonds City Council was called to order by Mayor Harve Harrison at 7:30 P.M. with all council members present. APPROVAL OF MINUTES The Minutes of the meeting of October 29th had been posted,- mailed and distributed. Councilwoman Shippen said on page 3, paragraph•'.l., 5th line from the bottom she would like it to.read "...environmental impact assessment should be financed by the State Highway Department". The last line then should read, "The Engineering and Planning Departments will contact the State Highway Department to finance the environmental impact statement". The minutes were then approved as corrected. COUNCIL PARTICIPATION CouncilmanGellert said that he had attended the opening of the Bicycle Trail on-Olyinpic View Drive, and that he thought that it was an excellent project. He did, however, -wish to -make the..Police Department aware that some people are parking their cars -on the path. He thought the public should be advised that they are not supposed to park there. Mayor Harrison read a letter from Councilman Gary Nelson tendering his resignation effective November 15, 1974., Councilman Nelson stated that for family reasons, and because of his involvement in other,governmental activities which will take him out of the city,,he is taking this action. Mayor and counoil expressed sadness, but wished Councilman Nelson success and happiness in his future endeavors. COUNCILMAN NORDQUIST MOVED; SECONDED BY COUNCILMAN ANDERSON THAT WE REGRETFULLY ACCEPT THE -RESIGNATION OF GARY NELSON AS EDMONDS CITY COUNCILMAN TO BE EFFECTIVE NOVEMBER 15, 1974. MOTION CARRIED. City Attorney, John Wallace, stated that by ordinance adopted in 1972, the council at the next regular meeting following the date the vacancy occurs, shall set a date of not less than one week, nor more than three weeks, from that time within which they shall meet to nominate and appoint a qualified person to fill the vacancy. It was determined that this will be on the 19th of November, since the _resignation.does' not take e€fect until the 15th of November. AUDIENCE PARTICIPATION Bob Gustafson, who lives on Olympic View Drive, stated that he personally was sorry to hear of Councilman Nelson's resignation and wished him the best. Mr. Gustafson said that he had noticed garbage being dumped on Olympic View Drive at approx- mately 180th. He wondered if signs could be placed along Olympic'View.Drive stating that there would be a fine for littering and dumping garbage along that street. CORRESPONDENCE Deputy City Clerk, Eleanor Quealey, read a letter which had been received from Mrs. Vivian B. Spore, owner of the Parlor Car Tavern, wherein certain stipulations. •for,the granting of a Cabaret License were set out. There was discussion regarding the requirement fora uniformed officer to. be present during dancing. Chief Foster, when asked his opinion of the ordinance covering Cabaret Licenses,' which was adopted -;',in 1925, indicated that'he would recommend a !!look. see" MOTION: attitude before possibly amending the ordinance. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN GELLERT TO APPROVE THE CABARET LICENSE'FOR THE PARLOR CAR TAVERN WITH THE STIPULATIONS EXPRESSED IN MRS. SPORE'S LETTER. CARRIED. •. r 19.6 MOTION: In answer to a question from Councilman Anderson, Attorney Wallace stated that • the Police Department would be the best agency within the city to determine whether or not a special police officer is necessary. Councilman Anderson said that if there are any other associated ordinances, it might be a good idea to look at them also. HEARING: ON PETITION FOR VACATION - UNNAMED STREET WEST OF ANDOVER AND SOUTH OF OLYMPIC VIEW DRIVE. City Engineer,.Leif Larson, reported that he had received a.,:petition for vacation in the above -mentioned matter and the sufficiency has been verified. He projected a map of the proposed vacation on the screen:. He explained that in 1966 we accepted the subdivision with the requirement that a dedication be made for access to the property. He thought perhaps there is justification for - vacating the street, however, it should be subject to a survey of the existing; easement road. Also, subject to possible review by the Planning Commission to determine from�.a planning standpoint whether such a road is required in the area. Mayor Harrison opened the hearing. Mr. Walter Struct stated that he had granted this easement, but now is asking for it back as he does not believe that there will ever be a street there. There was some discussion. Mr. Bob Gustafson showed some slides of the area in question, and suggested that the city retain its interest until it has been decided what will be done with the County property which abuts the end of this easement. Following more discussion, Mr. Larson stated that if the vacation were approved, he would suggest that it would be as originally dedicated by the Strucks to the south right-of-way line of 180th, if it exists. The hearing was then closed. COUNCILMAN ANDERSON MOVED, SECONDED BY COUNCILMAN NELSON TO INSTRUCT THE ATTORNEY TO PREPARE AN ORDINANCE WITHOUT PROVISION FOR PAYMENT TO THE PROPERTY OWNERS, AND WITH PROVISION FOR POSSIBLE UTILITY EASEMENTS. Attorney Wallace stated that the city does not deed, or by ordinance direct the property back to any named person. • The city just releases its rights to public access over that particular property by ordinance. Mrs. Struck wondered why the city would not Quit Claim it back to them. Mr. Wallace said that the city does not make that legal determination of ownership, but that a title company would probably issue a title report showing the ownership in•the person that originally dedicated the street. MOTION WAS VOTED UPON AND CARRIED. SHORELINE MANAGEMENT PLAN; .. On advice of the City Attorney, Councilmen Gellert, Nelson and Welling announced that they own property covered by the Shorelines Act. City Planner, Joe Wallis, reviewed for council, and people in the adience, what has taken place on -this matter to this point. He then reviewed the points of difference between the document submitted by the Citizens Shoreline Committee and the Planning Commission document. He pointed out that the Shorelines Committee Plan indicated the following designations: marsh - natural; intertidal zone and beaches, railroad and Puget Sound - conservancy; uplands - urban; Port and commercial waterfront - urban; Lake .Ballinger Shore - urban and Lake Ballinger - conservancy. The Planning Commission Plan listed the environments as urban for the marsh, intertidal zone and beaches and the railroad; and the rest were the same as the Committee Plan. Councilwoman Shippen inquired if the studies had encompassed the county portion of the marsh, or just the part inside the Edmonds city limits. Planner Wallis said only the city portion was considered. Councilman Nelson said that he had just read in the Washington Administrative Code 173.16.040, the Master Program of any legislative jurisdiction should not be a zoning ordinance, but it should be in the nature of a comprehensive plan. He pointed out that all of our comprehensive plan acitivity in this city has always extended beyond our boundaries. Councilman Nelson asked how the county designated the marsh, and Mr. Wallis replied that they designated it urban. Mr. Wallis stated that there were several people present who had asked to speak on this matter this evening. Kay Shoudy, Assistant City Planner, pointed out the Shoreline Area on the map. Elizabeth Sears stated that she was speaking as an Edmonds resident, property owner and taxpayer, and biology teacher in Edmonds School District #15. She said she would like to voice her support of the natural environmental designation for the marsh area. She explained the evolution of a marsh, and said that more than half of such available wetlands have been lost in Western Washington alone. George Yount, stated that he has been an Edmonds resident since 1960, and is a history teacher at Mountlake Terrace High School and had served on the Snohomish River Basin Citizens Advisory Committee, the Snohomish County Shoreline Management Committee and has been a contributor to the Puget Sound and Adjacent Waters Study. He projected slides of various marshes on the screen, some of which were being filled so that they could be used for apartment developments, etc. He indicated that every little marsh should -be preserved, as they area non- renewable resource Anette Hoyt, an advanced biology student at Edmonds High School, presented a written report on a study of the marsh in Edmonds. She said that she and a partner made their study on the productivity of the marsh: Miss Hoyt pointed out that the wetlands are the most productive areas in the world. She also urged a "natural" designation for the marsh area. 0 197 • Scott Geddes, also a student from Edmonds High School, stated that his group did a micro -habitat study.- He said there are a tremendous amount of•insects• in the marsh that feed on the cattails, birds that feed on the insects, and there are mice, raccoons, fish, muskrats, spiders, snakes, frogs and�they even saw a fox den. He said we are running out of marshes and he would rather like to see it turned into a wildlife refuge, or bird refuge. Jerry Geschke, a member of the Shorelines Study, went through the history of the Shoreline Management Act and read a statement which had been made by. Governor EvansF'expressing a need for a Comprehensive Shorelines Management Plan. He urged approval of the Citizens Shorelines Advisory Committee version of the Shorelines Plan. Dennis Derickson, stated that he is a resident of Edmonds, is on the Snohomish County Planning Staff and was the Project Leader for the Co unty's Shoreline Management Master Program planning effort. He said that the County was basically following Edmonds' lead in regard to the marsh, since the area of County jurisdiction is largely an island surrounded mostly by the City of Edmonds; and they felt that sometime in the future the City might have jurisdiction here. He said that the County study was ahead of the Edmonds Citizens Study so that when it was time for the County Commissioners to make their'decision they did not have the benefit of the citizen decision, and as a result they tried to follow what they felt was the trend of events in the City of Edmonds. He said it is possible; thought he could not speak for the Commissioners or anyone else; that if we change the designation that the Planning Commission recommended; the County might reconsider its action. Mr. Derickson, said that personally speaking, he thought the citizen committee designation for the area north of the ferry dock (conservancy) was quite appropriate, and was consistent with our own Comprehensive Plan. • Theodore Nickum, an Edmonds resident, said that he has lived in eight states and that Edmonds is the finest place he has ever lived. He said there is plenty of access to the marsh now, and that development would not be in the interests ©f preserving the high quality of life in Edmonds. He would, therefore, suppport a "natural" designation for the Union Oil Marsh. Dave Larson, stated that he was speaking this evening as a private citizen, but that he was on the Planning Commission at the time this matter was heard by that body. He said that the Planning Commission had been charged py the State Department of Ecology.'to incorporate uses within the Plan; and had to;":_ come up with a way to coordinate it with the present Zoning Code. Mr. Larson said that the thought that in designating an area "urban" opens it up to:,, unlimited uses;'• is not true. He said the present zonings would still hold, with all restrictions of that zoning in effect. Mr. Larson said that, personally speaking, with the developments surrounding the marsh, we have long since passed the point where it can be designated a significant marsh. He said that he felt, through the zoning process, is not the way to acquire property; but that we should address ourselves to the question of by whom and how it should be acquired, but not how it should be designated for zoning purposes. - Jerry Hillis, an attorney representing Union Oil Company, stated that the Shorelines Act does not open land up to the public., as some people think. He said that there is not use under the "natural" designation for the Union Oil Marsh from the provate owner's standpoint. He said that the Planning Commission designation of "urban" does not grant them the right for substantial development. It is limited by the fact that it is zone IP (Industrial Park), and IP provides that no development can occur on that piece of property unless a site plan is submitted to the Planning Commission and approved following a public hearing. • If it is not approved, then nothing can occur. In`addition, even if the Planning Commission approved the site plan; before any development can occur on that property; they would have to obtain a Shoreline Substantial Development Permit. Mr. Hillis pointed out that this is not an,,easy thing to do, as that would have to come before Council and be either granted or denied and conditions could be imposed. It then goes to the State Department of Ecology. They in turn would examine what kind of damage would occur under the proposed development. Along with the whole process, would be an Environmental Impact Statement. Mr. Hillis urged support of the Planning Commission recommendation for designating the Union Oil Marsh "urban". In answer to a question from Councilman Welling, Mr. Hillis replied that the Union Oil Company is not resisting the Shorelines Management Act, but that they do not want a "natural" designation on that property, as it allows no use. Glenn Gustafson urged that'the council designate the property "urban". Steve Burger, a teacher at Woodway High School, presented a letter and petition with about 180 signatures urging that the beaches and wetlands be left in their natural state. He is a member of the Edmonds School District Science Council and the Enviornmental Education Council. He•said that both these organizations have sent letters in support of the Cititens Committee Plan. Sam Felton, a beach property owner, stated that the Citizens Committee is trying to preserve something for the future, not take anything away. Following this, the audience portion of the discussion,.was closed. 0 R. qrrjLoj Councilwoman Shippen thought that the council should not be concerned with the • "taking" issue, and that this is best left to -the courts. She said -that Edmonds did not capriciously decide to rezone parts of the waterfront or parts of the marsh - we had a State mandate to do its MOTION: COUNCILWOMAN SHIPPEN MOVED, SECONDED BY COUNCILMAN ANDERSON TO ACCEPT THE CITIZENS ADVISORY COMMITTEE DESIGNATION OF URBAN FROM THE FERRY DOCK SOUTH TO THE SOUTH CITY LIMITS AND OUT TO THE OUTTER HARBOR LINE. MOTION CARRIED UNANIMOUSLY. MOTION: COUNCILWOMAN SHIPPEN THEN MOVED, SECONDED BY COUNCILMAN GELLERT TO ADOPT THE CONSERVANCY ENVIRONMENTAL DESIGNATION AS 'SUGGESTED BY THE CITIZENS ADVISORY COMMITTEE FROM THE FERRY DOCK TO THE NORTH CITY LIMITS, EXCLUDING THE LAEBUGTEN. WHARF. MOTION CARRIED UNANIMOUSLY. MOTION: COUNCILWOMAN SHIPPEN MOVED THAT THE LAEBUGTEN WHARF PROPERTY ALSO BE DESIGNATED CONSERVANCY. THIS MOTION DIED FOR LACK OF A SECOND. NOTION: COUNCILMAN WELLING MOVED, SECONDED BY COUNCILMAN GELLERT THAT THE LAEBUGTEN WHARF PROPERTY BE DESIGNA`1'ED URBAN. MOTION CARRIED WITH COUNCILWOMAN SHIPPEN VOTING AGAINST. There was some discussion with regard to Use Regulations and existing zoning., Attorney Wallace stated that it may take rezoning or the equivalent of rezoning in those areas that have a proposed environmental designation that would not be compatible with the existing zoning classification that is on the property. MOTION: COUNCILWOMAN SHIPPEN MOVED, SECONDED BY COUNCILMAN GELLERT THAT THE EDMONDS SECTION OF THE:WETLANDS, COMMONLY CALLED THE UNION OIL MARSH ,,,.BE DESIGNATED NATURAL, BECAUSE IT WILL PREVENT THE COMPLETE LOSS OF A UNIQUE RESOURCE AND KEEP THE MARSH ENVIRONMENTALLY PRODUCTIVE AS A HABITAT AND DRAINAGE BASIN • AND IT WILL PROTECT THE WATER QUALITY OF THE PORT AREA BY PROVIDING A SETTLING " POND FOR URBAN RUNOFF. AMEND: COUNCILMAN GELLERT SAID THAT HE WOULD LIKE TO AMEND THE MOTION TO RECOMMEND TO THE STATE THAT THE WETLANDS CONTIGUOUS TO THOSE WITHIN THE CITY OF EDMONDS., WHICH ARE OUTSIDE THE CITY, ALSO BE DESIGNATED NATURAL. Councilman Nelson stated that he thought we,were headed in the direction of purchasing the property for public use. Following some discussion, the AMENDMENT WAS VOTED UPON AND CARRIED, WITH COUNCILMAN .WELLING VOTING AGAINST.. THE MAIN MOTION CARRIED UNANIMOUSLY. MOTION: COUNCILMAN•GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST TO DESIGNATE THE AREA NORTH -OF THE FERRY DOCK EAST OF THE RAILROAD RIGHT-OF-WAY URBAN. MOTION CARRIED. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO.DESIGNATE THE. SHORES OF LAKE BALLINGER URBAN. MOTION CARRIED. MOTION: COUNCILMAN NORDQUIST MOVED,_SECONDED BY -COUNCILMAN ANDERSON TO DESIGNATE THE LAKE ITSELF AS CONSERVANCY. MOTION CARRIED. MOTION: COUNCILMAN GELLERT MOVED, SECONDED -BY COUNCILMAN ANDERSON THAT AS..,CLARIFIED BY ALL PREVIOUS MOTIONS, WE ADOPT THAT. -MASTER PROGRAM AS DRAFTED BY THE CITIZENS ADVISORY COMMITTEE. MOTION CARRIED UNANIMOUSLY. MOTION: COUNCILMAN -WELLING MOVED, SECONDED BY COUNCILMAN ANDERSON THE ADOPTION OF THE CLASSIFICATION CONSERVANCY FOR THE AREA SOUTH OF THE FERRY''DOCK TO THE SOUTH CITY LIMITS LYING.WEST OF THE OUTER HARBOR LINE. MOTION,CARRIED. • MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN NELSON TO ADJOURN., FOLLOWING. A ROLL -CALL VOTE,..THE MOTION FAILED TO CARRY. DISCUSSION ON SALE OF CITY -OWNED PROPERTY MOTION: COUNCILMAN GELLERT MOVED,.SECONDED BY COUNCILMAN-ANDERSON TO POSTPONE THIS.. ITEM TO A LATER MEETING. CARRIED., GRANADA ESTATES - REVIEW OF WALKWAY REQUIREMENTS MOTION: COUNCILMAN GELLERT MOVED, -SECONDED BY COUNCILMAN ANDERSON.TO.POSTPONE THIS. ITEM TO A LATER AGENDA. CARRIED. REPORT ON LANDSCAPING ON SR104 MOTION: COUNCILMAN GELLERT MOVED, SECONDED -BY -COUNCILMAN ANDERSON;TO POSTPONE THIS ITEM TO A LATER MEETING. CARRIED. RESOLUTION RE/IAC APPLICATION FOR SEAVIEW PARK_.PROJECT MOTION: COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN WELLING TO PASS'RESOLUTION #320 FOR -THIS PROJECT. CARRIED. ORDINANCE RE/REMOVAL OF JAIL SENTENCES FOR CERTAIN OFFENSES COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE #1738. MOTION FAILED FOLLOWING A ROLL CALL VOTE WHICH RESULTED IN A "YES" VOTE BY COUNCIL MEMBERS GELLERT, SHIPPEN AND ANDERSON AND THE REMAINING MEMBERS VOTING AGAINST. • r_1 LJ 199 MAYOR'S BUDGET MUSAGE Mayor Harrison presented a balanced 1975 preliminary budget and message to the council. CLAIMS FOR DAMAGES Council acknowledged receipt of a Claim for Damages from Marjorie L. Miller. This was referred to the City Clerk for processing. There being no further business, the meeting adjourned at 11:50 P. M. IRENE VARNEY MORAN, C' y Clerk H. HARVE HARRISON, Mayor November 12, 1974 ROLL CALL The work meeting of the Edmonds.City Council was called.to..order..by:-Mayor Harve Harrison at 7:30 P. M. in -the council chambers -at -the Edmonds.Civic Center, with all council members present'.except Winters:: • APPROVAL.OF.MINUTES is 1 1 MOTION: MOTION:. Minutes.of'the.meeting of November 5th-had been posted,•mailed:.and,distributed. Councilman, Nelson stated that he would -,like to make an addition on'. pap 51.. during discussion on•Councilman..Gellertos.amendment, He wants..addedtafter .Councilman Gellert -mentioned that -on page 2,..under:the heading "Shoreline Management Plan",..he.would like•to.-add-.that.the attorney had advised:.co.uncil members.that-ihey could.participate­in the.hearing, ,following,the. announcement .that they own shoreline -property. The minutes were, then --approved,: with the additions as noted. COUNCIL PARTICIPATION Coiincilwomaa Shippen--said that she-gathered•from the Amenities Design Board Minutes that.'enforcement was a -problem, and she asked Planner Wallis.-how.great.a problem it is. He said .they,have had very good cooperation.:from.the Building. Department . on 'enforcement of ..the. stipulations and .requirements set. out. by the Board:. Mrs.--Shippers-then asked what does.happen if people do not comply -with the requirements. `Harry Whftcutt,.-the Building Official; answered that.the..- ordinance is enforceable, and. said .that .the- business license can. -be suspended and they could ask them -to vacate the premises. A question,.was-raised 'regarding the statubs - o f . the Alaska Publishing Company structure. , - Mr. Whitcutt said -that they were asked,to comply with•the requirements of,the,Amenities Design:,Board,.: and that' action .will tie;: taken,.if they do not.. Following more-discussion,.:.the .Mayor said that no matter what -action is .taken -by theofficials,.it-.vill come back to the city council, and•he said that'he would back up any action taken by•the-Building and °Planning'Departments and the Amenities'Design Board. . Councilwoman Shippen-asked,the City Planner if the tree cutting and.vurb cut:. restrictions, on. the plat- .at the -northeast corner of 220th, and: 9th,.;had .:been'met. Mr. Wallis said that,they had not, and that had been.pointed.but at:.the.time'. of the final approval.. She then asked if" and is forfeited'in.such-a.case.' ' What was covered by' the ' bo'nd' was -discussed, -and the City, 'EBgineer, thought it best .if he , evaluate the .property and report ~back - to the- council:.' ' - Mayor Harrison then asked confirmation for the re-appointment'of Don Westlin rd:y to the Amenities Design Boa;. COIINCILMAN._NORDWIST MOVED,,SECONDED BY COUNCIIXAN ANDERSON TO RE -APPOINT - DON: UUTLIN , TO THE: -AMENITIES . DESIGN BOARD. MOTION, CARRIED. Councilman:Nordquiet reminded council of the-invitatiow to meet with'the-- Edmonds School District.. Board ,on.the 25th of November..: Councilman ,Nordquist then said .that. he would like the .meeting times, for, the.;... 24th and"31st:'changed,.because of:.the. holidays.- HE THEN,MOVED,. SECONDED. BY COUNCIL•ANNMON, TO. , CHANGE THE MEETING OF DECEMBER 24TH . TO THE.:.'23RD AND'... THE MEETING,, SCHEDULED .FDR .,THE' 33AT TO THE ..3OTH.: Councilman .Gellert stated' that the 23rd was agreeable'with him, but pointed out that.'-the..31st-is a 5th Tuesday and:,therefore, a work meeting. After discussion, Councilman :-Nordquist withdrew''his motion;'and"Councilman Anderson withdrew the second. 0