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19770816 City Council MinutesAugust 9, 1977 (Cont.) • There was no further business to come before the Council, and the meeting was adjourned to Executive Session at 11:05 p.m. IRENE VARNEY MORAN, CAty Clerk August 16, 1977 The regular meeting of the Edmonds City Council was called to order at 7:37 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, John Nordquist Leif Larson; Public Works Director Ray Gould Robert Anderson Marlo Foster, Chief of Police Max Gellert Phil Clement Noelle Charleson, Asst. City Planner Tom Carns John Wallace, City Attorney Mike Herb Wayne Tanaka, City Attorney Debbie Bredeson, Animal Control Officer • Irene Varney Moran, City Clerk Carolyn Anderson, Recording Secretary CONSENT AGENDA (7:38 p.m.) MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of August 9, 1977. .(C) Proposed Ordinance 1933 to Eliminate Bonus Denisty Allowance (Council Action of August 2). (D) Proposed Ordinance 1934 to Limit Parking on Sunset -Avenue - (Council Action of August 2). (E) Acknowledge Receipt of Claim for Damages from Ellanore Wall. COUNCIL (7:39 p.m.) Councilman Herb had circulated a memo to the Council dated August 15, 1977, in which he indicated eight possible agenda items for future consideration and had been key issues at the recently attended National League of Cities Conference; both he and Mayor Harrison attended the conference. Discussion followed covering the questions to consider and it was suggested -Item Seven, dealing with labor relations, that a MOTION: date be set to examine arbitration and alternatives and to request Doug Albright's presence. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN CARNS TO SET SEPTEMBER 13 FOR REVIEW OF ARBITRATION PROCEDURES PENDING CITY ATTORNEY DOUG ALBRIGHT'S PRESENCE. MOTION CARRIED. MOTION: COUNCILMAN HERB MOVED THAT AT THE NEXT RETREAT A UNION OFFICIAL BE REPRESENTED TO PARTICIPATE IN THE OVERALL ailed) GOAL -SETTING AND PRIORITY SETTING WITH REFERENCE TO ITEM EIGHT: COUNCILMAN GOULD SECONDED THE MOTION. THE VOTE RESULTED IN A TIE AND MAYOR HARRISON VOTED AGAINST THE MOTION BREAKING THE TIE. MOTION FAILED. MAYOR (8:10 p.m.) Mayor Harrison asked the Council. to authorize bid dates for Resurfacing of 78th Avenue West and 75th Avenue MOTION: West to open September 8, 1977, plans and specifications are near completion. COUNCILMAN GOULD MOVED, COUNCILMAN GELLERT SECONDED, THAT THE COUNCIL AUTHORIZE THE BID.DATE OF SEPTEMBER 8, 1977, FOR RESURFACING OF 78TH AVENUE WEST AND 75TH AVENUE WEST. MOTION CARRIED, WITH COUNCILMAN CARNS ABSTAINING. Mayor Harrison asked the Council to set a bid date of September 8, 1977, for the F.A.M. Projects, consist -ing of resurfacing 212th Street S.W. and 5th Avenue; resurfacing, drainage and walkways on Olympic View Drive from Andover Street to Perrinville; and the installation of walkways on 88th Avenue West. COUNCILMAN CARNS MOVED, COUNCILMAN GELLERT SECONDED-, THAT SEPTEMBER 8, 1977, BE SET AS BID DATE FOR THE F.A.M. PROJECTS; MOTION: MOTION CARRIED. AUDIENCE PARTICIPATION (8:11 p.m.) Mr. Ray Martin of 18704-94th Avenue West spoke and requested the resignation of Mr. Paul Roy from the Board of Adjustment because of improper action on Mr. Roy's part regarding Item B-24-77 of which Mr. Martin was the applicant. Mr. Martin accused Mr. Roy of abusive language toward him and stated City Attorney John Wallace would not give Mr. Martin a complete copy of the original recording tape as well as other records. Mr: Martin gave Councilman He a -rough draft of his transcription of the tape in question. City Attorney John Wallace stated Mr. Martin was entitled to a copy of the official minutes which are the official records of the hearing, and'the appeal .period had expired as far as Mr. Martin's application was concerned. and the tapes, therefore are no longer the official record. He emphasized the official record of the :. meeting are the written minutes. John Wallace also stated that Mr. Martin had been represented by counsel at that particular hearing, his attorney had not raised objections during the hearing, Mr. Martin had been advised by three attorneys as to the appeal period if he felt Mr. Roy had abused him and it would have been grounds for reversal; Mr. Martin elected not to do so and reapplied for another variance. Mr. Wallace emphasized the matter of fairness on Mr. Roy's part would have to go before the Superior Court in Snohomish County and not by the City Council; That the only review the Mayor • and City Council could initiate with respect to removal is for neglect of duty or acts involving moral turpitude, and are the only areas under which a member of the Board of Adjustment could be removed. Mr. Martin held the floor for a period of time insisting the Council should take some action. Noelle Charleson spoke on behalf of Mr. Roy in his absence, and having worked with the Board of Adjustment two years, and commended Mr. Roy as being an outstanding member of hi!ghest.integrity. Further, she continued, Mr. Roy had revealed he played social card games with.a neighbor of Mr. Martin's and the first hearing had been a.'unainimous vote of the Board against Mr. Martin's application. City Attorney John Wallace gave'a'short history of what had transpired and stated it=was just a'disagreement as to interpretation of the variance on Mr. Martin's part and Mr: Roy's part. There was no action taken by the Mayor and Council. Sara Whitemore, 193rd Place West, Chairperson of the Citizens Shorelines Management Committee, spoke about a letter submitted to the Council for tonight's meeting and wanted to urge acquisition of shorelines property for mid-term goals and the City Budget preparation. Councilman Carns recommended that members of that committee should be present during the budgeting meetings held in December as it was one of the most important processes of the Council and urged their participation. Councilman Gellert spoke regarding theproperty tax monies utilized by the Fire and Police Departments within the budget and additional monies would be a burden on the taxpayers,.and spoke about a bond issue as an alternative. Mr. Howard Mason of 18513-83rd Avenue West, spoke in regards to a neighborhood disturbance problem, which had been of long-term duration and wanted to inquire what steps could be taken. City Attorney John Wallace stated that any disorderly conduct complaint should be filed with the Police Department and with enough citizens to testify to the charges, that adequate measures could be taken upon a conviction. Police Chief Marlo Foster also spoke of the police procedures in this type of incident. Mr. Mason asked the Council to hold discussion of Section 5.20.020 of the City Code at a future date to gain input from citizens, or to petition ordinance change. There was no Council action and Mr. Mason said he would proceed as Mr. Wallace had suggested, and file a complaint for the City Attorney to process. DESIGN REVIEW "SEAVIEW PINES" - PRD - 1-77 (9:10 p.m.) Noelle Charleson presented the plat and area plan and showed slides depicting the housing sites. Bjorn Thuesen, the applicant, had been heard before the Planning Commission February 23 and May 25, and the Amenities Design Board on July 6. Ms. Charleson explained the usage of the PRD zoning, that the interior setbacks are more relaxed in order to preserve open space as in this case. The existing zoning is RS-12, the site is located north of 196th, due south of 194th, due east of 88th Avenue West. The cul-de-sac will come down from 194th to serve the property, and six dwelling units are proposed and allowable by the denisty. Open space amounts to 17,540 sq. ft., which is approximately 24% of net developable area. Ms. Charleson continued, saying the open space would be jointly owned (1/6 interest) by each resident in the cul-de-sac, and tree cutting restrictions would be 8 inches in diameter and are imposed on all PRD zoning. The cul-de-sac road will.be only 20 feet of pavement used due to the deep slopes and topography in the area and will serve the entire site. The property is very steep, with a drainage channel running through the area and rockery will be needed to bridge the ravine, and will be 8 ft. high and 30 ft. long. Some shrubs and landscaping were recommended to create a buffer near the site of an existing residence because of a neighbor's concern regarding traffic near his house. Also recommended to the developer was to preserve the steep slope by not filling the site and use houses which would not require substantial foundation work. The perimeter setback requirement and minimum frontyard setback in the RS-12 zone is 25 ft., and maintained around the entire site. Ms. Charleson stated the Engineering Department requested this be a public road and not a private road, and asked for a 24-inch culvert at the bottom of the rockery where the streambed flows. Ms. Charleson mentioned a previous proposal by Mr. Thuesen a couple of years ago for access from the south off 196th for this site and because of neighbors' opposition, Mr. Thuesen then proposed access to the north with this PRD and the Planning Commission recommended thatthe 20 ft. access easement be given up by the developer. Leif Larson stated that the road should be a dedicated road in order to provide utilities and it is designed to minimum standards for a cul-de-sac under 400 ft., quoting Ordinance 1793: the standard is 50, minimum 40, and under special topographical conditions, 30 ft. can be granted on the right-of-way: The roadway is 20 feet of paving. Ms. Charleson discussed the minimum foundation work involved and Mr. Thuesen had a couple of slides of the type of house design proposed in this area. Ms. Charleson stated the proposal preserved all good space and has minimum destruction of the site as a strong point in favor of the development, and the City Planner was of the opinion there were no significant negative environmental impacts and therefore, approval of PRD-1-77 was recommended, subject to the following conditions: The tree cutting restrictions, abandonment of the easement from the south and subject to the Engineering Department requirements. However',`1eif'Larson discussed the buildable lot potential of the common area and it was his opinion that it was not buildable; that it was in a drainage swale and should be designated as nonbuildable; that the association would own it, but no one could build upon it. It was brought out that the City Council has not passed any tree cutting restrictions pertaining to situations after the subdivision is completed and therefore a homeowners' agreement was suggested for the open space area. Bjorn Thuesen suggested a deed restriction be instituted listing those conditions. City Attorney Wayne Tanaka stated the tree cutting restrictions were for the Development and that once the building is complete, nothing would prevent tree cutting at that point. And, the deed restriction would be enforceable only among the residents of the PRD, the City of Edmonds could not enforce that restriction if the joint owners decided to eliminate any trees or open space. However, the City could be named as the Grantee of the rights in the covenant and enforcement would then be possible. Noelle Charleson read a paragraph from the Zoning Code, Section 12.14.063, describing the PRD restrictions and the City as beneficiary of covenants, and she said the Planning Commission had made that same recommendation of homeownership agreement as a requirement. If the property were sold, Wayne Tanaka added, the covenant would be binding to the new owners. Councilman Gould brought up the requirements in relation to the new Drainage Ordinance and Leif Larson read the required recommendations and reviewed the drainage conditions and a drainage plan would be required from Mr. Thuesen. Mr. Larson recommended a review of the complete engineering drawings for the PRD, including the roadway, utility and drainage plan, before the Council approves it. Councilman Gould asked if this property were in the environmentally sensitive area and Noelle Charleson said it was for two reasons: for steep slopes and because of the streambed. The public portion was then opened. August 16, 1977 (Cont.) CJ J 1 r�L Bjorn Thuesen, the developer, stated the average lot size would be 10,000 sq: ft., and gave a brief history of his proposal and the approvals obtained from the Planning Commission and the Amenities Design Board. He emphasized that the open space.will be untouched.and the homes would look into the ravine. He said the basis of the stream is the drainage of.88th Avenue West and felt it was not a streambed,in the true sense of the word --that it was more of a drainage channel. Bjorn Thuesen emphasized that he personally would be supervising the bulldozing operation and assured the Council of adequate soil and tree.protection. Mr. Thuesen discussed the sites and development.pl,an in detail`and.said.the homes would be .i n the."$70,000 range. He brought up the .fact that he would l i,kd'.a `one=year ,period after a .PRD is approved, rather than• the 90-day period, as it was too short a time to make the necessary required improvements. It was suggested that Mr. Thuesen bring up that subject before the Planning Commission. Mr. and Mrs. Fred Knouse of 9106 192nd S.W. spoke and presented a copy of the plat plan of "Fruitdale-by- the-Sound" to the Council and expressed opinions of the additional children utilizing the ravine as a play area and thus creating a fire hazard.and the drainage runoff was'a.definite environmentally sensitive area because.it once provided water to the University Colony and indeed, it was a streambed. The Knouse's residence is adjacent to the proposed site. Mr. Knouse said he wanted to protect the existing natural state of the area and requested the Council to ask the builder.to surround or close the westerly top portion and the northerly top portion of the area designed as, "community area" with a boundar..y: .The -.public portion was then closed and discussion followed regarding an environmental study to see if this was an environ- mentally sensitive area. Councilman Carns said that upon Community Development Director Joe Wallis' recommendation, there was no further required.study necessary and he felt the PRD should be approved at this time without further de:l.ay,. Councilman Herb disagreed and said he would like to have an environ- mental impact statement made. Noelle Charleson said Mr. Thuesen had provided an environmental checklist, which is preliminary information reviewed by the Staff and the question the Staff must answer is: "What is a significant environmental impact?" .And that it was a very difficult determination, she added. It was then suggested that further information would be required on drainage runoff and access to the common area with a proposed boundary, how many units included, and a further environmental assessment, and the impact on the neighborhood with traffic and noise and pollution. Mayor Harrison suggested the critical question would be the number of units this type of site should accommodate. COUNCILMAN GOULD MOVED TO TABLE THE PRD-1-77 SEAVIEW PINES DESIGN REVIEW UNTIL SUCH TIME AS AN ENVIRONMENTAL IMPACT STATEMENT IS MADE WHICH SPECIFICALLY SPEAKS TO DRAINAGE PLAN, IMPACT OF THE ROCKERY, IMPACT ON THE ENVIRONMENTALLY SENSITIVE.AREA, THE IMPACT ON THE STREAMBED, POND, AND SUBSEQUENT PROPERTY DOWNSTREAM AND TREE CUTTING RESTRICTIONS ON THE COMMON AREA. COUNCILMAN HERB SECONDED THE MOTION. AT: THIS POINT, COUNCILMAN GELLERT AMENDED THE MOTION TO INCLUDE THE ENVIRONMENTAL EFFECT OF INCREASED FOOT TRAFFIC THROUGH THE RAVINE AND POSSIBILITIES OF STOPPING IT BY SUITABLE FENCING AND EDGING.. COUNCILMAN GOULD SECONDED THE AMENDMENT. THEN COUNCILMAN GOULD AMENDED TO STRIKE THE WORDS . . "ENVIRONMENTAL.IMPACT STATEMENT", AND USE THE TERMS, "FURTHER ENVIRONMENTAL ASSESSMENT", TO BE INCORPORATED IN THE RESTRICTIONS. VOTES ON THE AMENDMENTS CARRIED AND THE MOTION WAS THEN CARRIED WITH COUNCILMAN.CARNS VOTING AGAINST,THE MOTION. REVISED ANIMAL CONTROL ORDINANCE - FIRST READING (10:30 p..m.) Debbie Bredeson, Animal Control Officer,. presented the revised Animal Control Ordinance to the Council and listed the changes that would be required and new additions that had not previously been incorporated and stated they had been in two main sections of the Code Book as well as in other sections. The i'mprovement would be the location of ordinances pertaining to any and all animals under one main section and also that the costs .would now be listed as "costs incurred" because of the rising costs and price schedule changes superseding the costs published within the ordinances. Ms. Bredeson said they would try to maintain records of certain "biting" dogs and.try to encourage citizens to report all bites. Ms. Bredeson stated the six foot height minimum fence requirement for guard dogs was adequate and was more of a necessity for children or the public to keep out than to keep the guard dog in" -as the dogs were trained to guard a certain perimeter of property and not inclimed to jump over the fenced area. The changes and suggested additions were then discussed. Councilman Gellert stated that on Page 10, Section 5.05.050, Covered Animal Violations should read, Covered Animal Regulations; and on Page 15, Item 7, the third line should read inhumane treatment, not unhumane treatment. Councilman Carns suggested that on Page 6, Sec. 5.05.050, Item 1, third line, should add the following words, "attempt to," after, "such animal," for the sentence to read: "When any licensed animal is impounded, the officer or department impounding such animal shall attempt to give notice the same day by mail, . . ." Also, in the second paragraph, second sentence, after, . "Neither the City nor any officer or agent of the City shall be . . ." to add, "held responsible if the owner.does not receive notice " It was discussed that costs incurred have not really.been accoun ed for as far as the time utilized within the Police Department, equipment, personnel, etc. and the ordinance did not include such provision. Councilman Gellert suggested on Page 11, Item 4., Riding on sidewalks, should not be changed to meet mult.ipl'e.,purpose sidewalks, including equestr."ian trail provisions and bicycle paths. The public portion`'of the,heari.ng was then opened'. Mrs. Fred Knouse of 9106 192nd S.W., suggested that under, Exotic Animal, Page 14, Sec. 5.05.170, provision be made for confining of animals with due care and comfort of that fenced or caged animal, and it was suggested to add, "suitable to the age of the species", for.the sentence to then read: "The owner of an exotic animal must keep the animal contained within a fence or cage suitable to the.age of the species at all times, such that the animal cannot run at large." She also suggested that those persons confining such animal should have the knowledge to adequately take care of exotic animals. Floyd Smith of 814,Dayton Street questioned the number of dog licenses issued in Edmonds and Ms. Bredeson replied it'was 700 annually, and 2600 permanent licenses. She added that the number of dogs wi.thin,a city.is usually one-fourth percent of the population. It was suggested that a mailing could be utilized in the Public Works Department, utility billing for citizens' awareness of dog licensing. Mr. Don McQuade of 7215 176 S.W. said most problems with dogs are those that run loose:and are not confined to their residence or property. No one else wished to speak and the.public portion .was closed. Councilman Herb suggested that on. Page 10, Sec. 5.05.140, after the.word, property, to add, "and on a leash." Debbie Bredeson briefly discussed the three types'of guard dogs and that each had a different intention. COUNCILMAN HERB MOVED THAT SECTION 5.05.140, AFTER THE WORD, PROPERTY, TO ADD, "AND ON A LEASH." COUNCILMAN GELLERT SUGGESTED WORDING THE MOTION TO ADD, PERSONS KEEPING THREAT OR ATTACK -TYPE GUARD DOGS, THAT.PROPERTY SHALL BE REQUIRED TO SO POST ON THE PROPERTY, THE FACT THAT THERE EXISTS SUCH A DOG. It was stated that the ordinance did contain such a regulation. THE MOTION.FAILED FOR LACK OF A SECOND. Councilman Herb suggested that on Page 15, Item 3, after strikes a domestic animal shall stop at once and render µ reasonable assistance" be.added. 0 114 MOTION: COUNCILMAN HERB MOVED THAT PAGE 15, ITEM 3, INCLUDE, "REASONABLE ASSISTANCE," AFTER, "RENDER," IN LINE 4. COUNCILMAN GOULD SECONDED THE MOTION, MOTION CARRIED.. COUNCILMAN CARNS MOVED, COUNCILMAN GOULD SECONDED, THAT -A SECOND READING BE SET. FOR SEPTEMBER 6, 1977.,-OF THE -ANIMAL CONTROL ORDINANCE. MOTION: COUNCILMAN GELLERT MOVED THAT ALL THE SUGGESTIONS PREVIOUSLY STATED FOR REVISIONS AND ADDITIONS BE APPROVED. MOTION CARRIED. PROPOSED ORDINANCE PROHIBITING ALCOHOLIC BEVERAGES IN PUBLIC PLACES (CONTINUED FROM JULY 26) (11:20 p.m.) Police Chief Marlo Foster reviewed the policy on beverages in public places and emphasized that alcoholic beverages must be kept off the beaches, parks, and other public places with adequate enforcement. The public -portion was opened and no one wished to participate and the public portion MOTION: was closed. COUNCILMAN GELLERT MOVED, COUNCILMAN CARNS SECONDED, THAT PROPOSED ORDINANCE PROHIBITING (Failed) ALCOHOLIC BEVERAGES IN PUBLIC PLACES BE APPROVED. COUNCILMAN HERB VOTED NO, THE MOTION FAILED FOR MOTION: LACK OF A QUORUM. COUNCILMAN GELLERT MOVED, COUNCILMAN CARNS SECONDED, THAT THIS ORDINANCE BE PLACED ON THE NEXT AGENDA MEETING UNDER CONSENT AGENDA FOR'AUGUST 23, 1977. MOTION CARRIED. REVISED STREET.REPAIR.ORDINANCE (11:30 p.m.) Leif Larson introduced this ordinance and said changes had been made in the revised right-of-way invasion ordinance in assignment of responsibilities to the individual departments such as, Engineering Department or Streets. This ordinance would allow the street restoration or resurfacing done.by the Street Department rather than outside contractors. The maintenance bond would be changed from one year to two years. Leif Larson then briefly discussed the fee increase structure. Councilman Gellert noted on Page 2, Section 3,7.30.030 Security Deposit, the word incurred after costs should.be stricken in the second sentence. The public portion of the hearing was opened and MOTION: no one wish to speak and the public portion was then closed. COUNCILMAN CARNS MOVED THAT ORDINANCE NUMBER 1935, REVISED STREET REPAIR, BE APPROVED. COUNCILMAN HERB SECONDED THE MOTION. MOTION CARRIED. PROPOSED ORDINANCE ADOPTING COMPREHENSIVE PLAN AND MAP - (11:35 p.m.) F_J Ll Noelle Charleson said reduction copies of the plan would be available at a later date and demonstrated • the enlarged -plan listing the changes proposed. The changes which were recommended at the January 25 and February 22 City Council meetings have been incorporated on the map and three photographic copies of the map are on file with the City Clerk's Office, pursuant to the City Attorney's instructions. Noelle Charleson recommended approval of the ordinance adopting the comprehensive plan and map. The public portion was opened, and Mr. Jim Shields of 709 6th Avenue North, asked if the map had been published in the local newspapers and Noelle Charleson replied that there had been six public hearings on this issue and there were minor changes only in relation to the old comprehensive plan, and the map has not been published in the newspapers, but meetings for review were published. The public portion then closed as no one else wished to participate. MOTION: COUNCILMAN CARNS MOVED, COUNCILMAN HERB SECONDED, THAT ORDINANCE NUMBER 1936, ADOPTING THE COMPREHENSIVE PLAN AND MAP, BE APPROVED. MOTION CARRIED. PROPOSED ORDINANCE SETTING SALARIES FOR DEPARTMENT HEADS (11:38 p.m.) MOTION: COUNCILMAN CARNS MOVED, COUNCILMAN HERB SECONDED, THAT ORDINANCE 1937, SETTING SALARIES FOR DEPARTMENT HEADS BE APPROVED. MOTION CARRIED. RECOMMENDED PERSONNEL RECLASSIFICATIONS (11:40 p.m.) COUNCILMAN CARNS MOVED, COUNCILMAN HERB SECONDED, THAT RECOMMENDED PERSONNEL RECLASSIFICATIONS BE APPROVED. MOTION CARRIED. There was no further business to come before the Council and the meeting adjourned to.a brief Executive Session at 11:40 p.m. IRENE VARNEY MORAN, Ciry Clerk August 23, 1977 1 - H. H. HARRISON, ayor 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 Phil Clement Joe Wallis, Community Develop. Director Ray Gould Dick Allen, Assistant City Engineer Max Gellert Foster, Police Chief John-Nordquist Irene Varney Moran, City Clerk Robert Anderson Lila Crosby, Finance Director. Tom Carns Wayne Tanaka, City Attorney Mike Herb Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:36 p.m.) • 1 A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY.000NCILMAN CARNS, TO APPROVE THE CONSENT AGENDA. 0