Loading...
19781121 City Council Minutes6s' November 14, 1978 - continued • CLEMENT, THAT THE STAFF PROVIDE FOR THE DECEMBER 5 MEETING, IN CONJUNCTION WITH THE INVITATION TO THE SNOHOMISH COUNTY HOUSING AUTHORITY REPRESENTATIVE, A REPORT ON THE EXISTING HOUSING ASSISTANCE PLAN FOR THE CITY OF EDMONDS. MOTION CARRIED. INFORMATION ON POTENTIAL ACQUISITION CANDIDATES IN ENVIRONMENTALLY SENSITIVE AREAS The Community Development Department had analyzed the environmentally sensitive areas in the City to determine whether acquisition would be appropriate. They had selected acquisition candidates based on two criteria: (1) the property is accessible to the public and is large enough to be used by the public for recreation purposes (primarily nature trails, picnicking or fishing); and (2) the property contains a stream or marsh that is important to the City's drainage system.. Community Development.Director John LaTourelle said they had no idea of what the values of the selected properties would be. He*also noted that the environmentally sensitive areas maps are loosely drawn. Six sites were selected: (1) The stream and woodland north of Paradise Lane, east of 5th Ave. S., south of Elm St.; (2) Fruitdale on the Sound Watershed, north of 196th-, east of'01ympic View'Dr.,.west of 88th Ave. W.; (3) Property south of University Park Pro ert west of 76th Ave. W.. a f y, v , east o Olympic View Dr., (4) Shell Valley, the undeveloped area; (5� Property south of Meadowdale Beach Road; and (6) Union Oil Marsh. These properties were discussed, with Mr. LaTourelle recommending future acquisition be considered for the first three and noting that the other three may be acquired through PRD or other regulatory measures. Councilman Herb indicated an interest in the Fruitdale on the Sound Watershed. COUNCILMAN MOTION: CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT COUNCILMAN HERB MAKE INQUIRIES ABOUT THE FRUITDALE ON THE -SOUND WATERSHED AND REPORT HIS FINDINGS TO THE COUNCIL DECEMBER 12. MOTION CARRIED. Councilwoman Allen felt PRD application should be encouraged for the fourth and fifth items. DISCUSSION.AND WRAP-UP ON ALL EDMONDS.GOALS and LIST OF PRIORITIES.FOR PROPOSED BOND ISSUE Councilman Carns commented that if the City does have a bond issue, work should be done to • support it, and even if each issue is an individual one the citizens should be encouraged to vote for all of them. A list of priorities for a bond -issue had been prepared by the Community Development Department and these were discussed in relation to the goals the Council had established at their Port Ludlow retreat. The listed items were broken down into to priority Y projects and second priority projects. After a lengthy d' P J p Y p J gthy discussion, several motions were made with regard to a "shopping list" of projects to use as a base for starting public hearings. MOTION: COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE PARKS AND RECREATION TOP PRIORITY PROJECTS CONSIST OF: (1) PURCHASE OF THE EDMONDS ELEMENTARY SCHOOL PROPERTY; (2) ACQUISITION OF WATERFRONT, RAVINE, GREENBELT -AND NEW PARK PROPERTIES; (3) EDMONDS-ELEMENTARY SCHOOL REHABILI- TATION; (4) EDMONDS'JUNIOR HIGH FIELD REHABILITATION; AND (5) EDMONDS JUNIOR HIGH PLAYFIELD MOTION: LIGHTING. MOTION CARRIED. COUNCILMAN HERB MOVED, SECONDED.BY COUNCILMAN NAUGHTEN, THAT THE PARKS AND RECREATION SECOND PRIORITY PROJECTS CONSIST OF: (1) PIER - BRACKETT'S LANDING REHABILITATION; AND (2) JOINT FACILITIES IMPROVEMENT WITH SCHOOL -DISTRICT; AND THAT THE OTHER MOTION: ITEMS LISTED BE DELETED. MOTION CARRIED.. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CLEMENT, THAT UNDER THE MUNICIPAL FACILITIES TOP PRIORITY PROJECTS THERE BE INCLUDED A NEW MOTION: LIBRARY FOR 1.5 MILLION DOLLARS. MOTION.CARRIED. COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN GOULD, TO INCLUDE UNDER MUNICIPAL FACILITIES TOP PRIORITY.PROJECTS $25,000 FOR PARKS MAINTENANCE BUILDING ADDITION AND $30,000 FOR MODIFICATIONS TO THE EXISTING LIBRARY MOTION: BUILDING. MOTION CARRIED. COUNCILWOMAN ALLEN MOVED, SECONDED BY.000NCILMAN GOULD, TO INCLUDE THE TOP PRIORITY STREET IMPROVEMENTS, STORM DRAINAGE IMPROVEMENTS, AND STREET LIGHTING -AND UTILITIES UNDERGROUNDING. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 10:15 p.m. IRENE VARNEY MORAN, CiV Clerk HARVE H. HARRISON, Mayor • November 21, 1978 The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Pro tem Tom Carns-in-:the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Tom Carns, Mayor Pro tem Harve Harrison, Mayor Charles Dibble, M.A.A. Mike Herb Katherine Allen Leif Larson, Public Works Dir. Phil Clement John LaTourelle, Com. Dev. Dir. John Nordquist Irene Varney Moran, City Clerk Ray Gould Noelle Charleson, Asst. City Planner Larry Naughten John Wallace, City Attorney Jackie Parrett, Deputy City Clerk. CONSENT AGENDA MOTION: Items (D) and.(E) were removed from the Consent Agenda. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda included the following: • November 21, 1978 - continued 299 1 1 1 U 0 (A) Roll call. (B) Approval of Minutes of November 14, 1978. (C) AcknoWledgment of receipt of Claim for Damages from.Robert C. Hilker in the i1 ilount of $5,000'. (F) Authorization for sale of scrag metal. REPORT ON.BI.DS_OPENED NOVEMBER.15 ON CHLORINATION BUILDING [Item (D) on Consent Agenda] Councilman Naughten asked that.this.item be removed from the Consent Agenda as he was not sure of what..a chlorination building actually was. Public Works Director Leif Larson described the MOTION: building and.its functions. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. I. AUI'HORIZATIOPJ. FOR .NAY0R TO SIGN .PERFORMING ARTS CENTER AGREEMENT [Item (E) on Consent Agenda] Councilman Herb asked that this item be removed from the.Consent Agenda to clarify some o-f the wording. City.Attorney John Wallace advised.that in paragraph (h) on the last page of the agreement,. on. the next to last line, the wording "Five (5).years" should be "five (5) months." Councilman Herb asked if there.wi.l.l, be two auditoriums as the wording seemed to indicate. Mayor Pro. tem.Carns responded that there are two buildings, one being a very small theater. MOTION: COUNCILMAN HERB THEN MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (E) ON THE CONSENT AGENDA. ..MOTION CARRIED. COUNCIL The Council.had.received a copy of a memorandum, "Establishing Policy for Tree Trimming or Removal on Public Property for View," and it was decided that this should be discussed following Item 6, "Review of Property at.7th and Elm." MAYOR Mayor Pro tem Carns read a memorandum from Community Development Director John LaTourelle advising .that an amendment should be made to the Minutes of November 7 in that the maximum MOTION: height in .Ray Martin's zone is 30', not 35' as stated. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO AMEND THE.MINUTES OF NOVEMBER 7,'197&,_PAGE 3, THE FOURTH LINE OF THE SECOND..PARAGRAPH, CHANGING THE -FIGURE -FROM 35' TO 30'. MOTION CARRIED. M.A.A. Dibble noted that the.Counci.l had received a letter from Ray Martin, and the Mayor had asked that the Council be advised that he made the requested tape.available this date with the advice to Mr. Martin that hereafter he should bring his own tape recorder. Counci.lman.Nordquist advised that. Dr. Claris Hyatt had asked that her appearance be rescheduled until early January. Councilman Nordquist.will extend an invitation to her to appear at the January 16 meeting. MOTION: COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO CANCEL THE DECEMBER 26 COUNCIL MEETING.,.P,ROVIDED THE BUDGET IS PASSED.PRIOR TO THAT DATE. MOTION CARRIED. Councilman.Naughten referred to a letter from M. F. Menne objecting to the change in parking regulations regarding 3rd Ave. between Main and Bell Sts. Councilman Naughten asked that Mr. Menne's.letter be referred to the Police Department and that a report be furnished to the Council on.December 5. AUDIENCE F1oyd.E....Smith of 81.4 Dayton commented.that the State of Washington parking lot near the ferry dock recently has.not been full and.he suggested it be publicized that there is parking available there. J. R..Kallstrom of 1121 Vista Pl..complained about drainage problems he was experiencing because of the development of a neighbor's.lot. He was concerned about_.two access easements to the property and the supply of water to:the property, as well as the issuance of a building permit MOTION: and.whether.an occupancy permit had: been issued. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN..NAUGHTEN, THAT THE COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR AND THE PUBLIC WORKS DIRECTOR.INVESTIGATE MR. KALLSTROM'S SITUATION AND REPORT BACK TO THE COUNCIL DECEMBER 12, 1978. MOTION CARRIED. Glen El.l.ington of 20231 85th P1. W..stated he had received a notice that his address was being changed to 851:4 202nd S.W. and.he.asked.what he could do to prevent the change. Community Development.Director John LaTourelle said they are -trying to bring all the addresses in the City into a uniform addressing system. He said they recognize the inconvenience but it is necessary for emergency services. Discussion revealed that 85th.P1. is a private road and this address..should have been changed under .an ordinance passed in 1969, but it was only now discovered that Ws street had been missed.. Since 85th P1. is a private road it did not appear on -the Official Street.Map and the house,w.ill be.numbered according,.to the official street it is on, even though.it does.not face that street. Mayor Pro.tem..Carns advised Mr. Ellington that there was nothing the Council could do, but he suggested Mr. Ellington discuss-th& matter further with the.Building Official. Councilman Gould asked if this was an isolated case or if it was a frequent situation. Mr. LaTourelle responded that an approximate dozen such notices are sent out each month. City Attorney John Wallace advised that Sections 7.28.010 and .020 of the City Code require that all existing street names.and numbers comply with the map adopted by those sections. 3-40 November 21, 1979 - continued • REVIEW OF CITY-WIDE.MORATORIUM ON MULTIPLE.CONSTRUCTION OVER 10 UNITS Community Development Director John LaTourelle said he was requesting that the moratorium be extended until the -effective date of the Code amendment ordinance, and the City Attorney's recommendation was December 12. Councilman Gould asked that some plans be made regarding the RM-D zoning. Mr. LaTourelle said that part of their ordinance review process will be a review of all the zoning classifications and they hope to map in the RM-D with that. Councilman Gould felt there should. be a definite commitment so that this matter doesn't slide, and Mr. LaTourelle said a schedule will.be prepared for the December 12 meeting. The ordinance will be brought to MOTION: the Council on.December 5. COUNCILMAN CLEMENT -MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE MORATORIUM -ON MULTIPLE CONSTRUCTION OF OVER TEN UNITS BE EXTENDED UNTIL.DECEMBER 12, 1978. MOTION CARRIED. REVIEW OF PROP.ERTY;AT 7TH AND ELM' The Public Works Director reviewed in detail the history.of problems regarding this property, going back to 1975.. He displayed a proposed landscape plan for the south half of the property. Councilman Nordquist.said he had distributed copies of minutes of previous discussions on this matter. The d.iscussion.was opened to the public. Shirley Dunphy of 1126 "B" Ave. read a petition from neighbors asking that the trees be retained on this property. The petition was submitted to the Clerk and copies distributed to the Council. Joel DeLisa of 1137 7th Ave. S. said they had asked,about a year ago that the trees be trimmed but were told it could not be done so he felt they could not be trimmed now -without cutting them down, and he did not want them cut. He said that because of work recently done on the property, clearing it of berry bushes and some trees, his property is being destroyed by water. His shrubs are dying because. the water doesn't drain. He has part of his property landscaped to carry the water but the part that is planted with shrubs is being damaged. Kurt Dunphy of 1126 "B" Ave. said they want the trees retained because of the drainage and also because of the aesthetics of the trees. He • said his family had moved into their house in July of this year and looking down the.street it was totally green and they could not see Elm at all. They purchased the home partly because of those aesthetics. Then in October the bulldozers came in and now they can see Elm, the noise has increased, and the aesthetics are gone. Mr. Dunphy said it is not fair to remove his view of the trees to improve the other neighbors' view of the Sound. Dick Hill of 1242 Coronado Pl. said he had lived in Edmonds all of his life and he could see that the trees are going fast and the green is disappearing. He said he did not think he was the only person who is alarmed about this and he said the Elm St. trees are.important, but so are all of the other trees in Edmonds. Joel DeLisa commented that there are a lot of hard feelings about this property. He said they had talked to City Employees who said they were supposed to cut the trees by the creek and he asked that the Park Department personnel respond to that. Mayor Pro tem Carns advised him that those decisions would have been made by the Mayor and channeled down. Councilman Clement noted that the plan presented by the Public Works Director dealt with the south 120' of the property and showed all the existing trees standing. He asked if there was a plan that included removal of any trees on this property. Mr. Larson responded that there was not, that the only work order he had was based on this plan. He added that there was a policy statement made which did not go before the Council. Mrs. Dunphy said they believed the trees were going to be cut regardless of what the plan said, and that feeling was based on remarks made by City employees. John Claus of 1131 7th Ave. S. said they get one answer from one employee and another answer from another, and he would like to know what is the plan to keep water off his property. Mayor Pro tem Carns responded that when this issue was finished the next item on the agenda would be the establishment of a tree trimming policy. Kurt Dunphy said he did not think anything should be done with what is already there. Dorothy Kribs of 1159 7th Ave. S. said these trees were there long before any houses were built on the south side of Elm St., for which the tree cutting would provide view. Bob Highland of 114 7th Ave. S. said he has a 24'x 36' workshop about 250' from Elm St. and he never had any water problems until 1975 when the trees were cut. He said the water is gradually moving towards his workshop and is about 5'- 6' • from it now. Mr. Larson explained that development of property to the east of 9th Ave. has increased the runoff in this area. He said all the water that used to come from this property originated from springs, but that no longer is the case. He said the City now has a drainage ordinance, but there was none at the time of that development. Mr. LaTourelle said he was involved in the recommendations for the grassed areas on Elm St. He said Mr. Larson, Don Burton, and he had looked at the property on three different occasions, and after study had recommended that the blackberry bushes be cleared out to a depth no greater than 50'. He said he had been told that 50' was the extent to which the clearing had been done, but he had not seen the site. He said that was done to remove view obstruction and to help solve some litter problems. He said their recommendation for the balance of the property was then, and still is, that nothing be done with it. He said it is a lovely piece of property and he could see no reason that anything should be done with it. Norm Ross of 1125 "B" Ave. said they were.at that address in 1964 when there was an earthquake, and the whole hill had come down next to his house taking the trees down, and there was a sea of mud. He was afraid the same thing would happen with the next earthquake. Mrs. Harold Shierman of 1161 7th Ave. S. said no one could get in there when.it was covered with blackberries, and she was concerned now about easy accessibility to her property. The public portion of the discussion was closed. It was noted that the proposed landscape plan indicated a picnic table with a fire ring. Mr. Larson said that was a proposed neighborhood type of development that could be included, but not necessarily. Building and Grounds Superintendent Felix deMello said they plan to seed the area this spring and plant shrubs. He felt it would enhance the area, as opposed to blackberries. Councilman Clement observed that there appeared to be a 'difference of opinion of the Staff and the neighbors as to how far the cutting had gone, and the drawing indicated the landscaping area went on for about 801. He asked what kind of expenditure had to be involved before the 3 0 • November 21, 1978 - continued Council became involved, and where was the line drawn between maintenance and development. He felt this appeared to be development..;Councilman Gould observed that this property is not designated as a park but as open space. He.said.he is extremely interested in open space, greenbelts, and environmentally sensitive areas., and he felt property designated as open space should get different treatment from property designated as a park. He also noted that the record showed there was a resident who asked that the trees be topped,:and that resident's request also had to be considered. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN HERB, THAT NOTHING BE DONE WITH THIS PROPERTY EXCEPT TO RESEED THE AREA BULLDOZED AND IDENTIFY THE DRAINAGE PROBLEMS EXISTING AND RECTIFY THEM. Mr. LaTourelle said rye grass could be planted as a temporary solution until the blackberries.come back, and that would hold down the soil during the spring rains. Councilman Herb inquired.as,.to how Water/Sewer funds could be expended for.developing this property. City Attorney John Wallace responded that you can justify the expenditure because it is Water/Sewer property.and the improvement would upgrade the property. Councilman Clement said he would vote against the motion because he felt it would come back on the agenda again because•of complaints of people on the other side and because of dumping there. M.A.A. Charles Dibble said there had.been complaints several months ago from citizens because of the dumping there. He said the site was inspected and it was decided something should be done. He said the City has too much property to maintain now, and if they don't want maintenance there, the City is willing not to maintain it. A ROLL CALL VOTE WAS TAKEN ON THE MOTION, WITH COUNCILMEN NAUGHTEN, HERB, -AND NORD.QUIST VOTING YES, AND WITH COUNCILMEN CLEMENT, GOULD, AND CARNS VOTING NO, RESULTING IN A TIE VOTE. THE MOTION FAILED. The Council's discussion was reopened. Councilman Nordquist commented that.if there is no barricade across the top of the property people will be dumping there. Mr.. LaTourelle recommended a bollard and post barricade be constructed which would deny access to automobiles but would allow a mower to get through. COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN HERB, THAT THE ELM ST. RESERVOIR DEVELOPMENT • PLAN BE ACCEPTED WITH THE FOLLOWING UNDERSTANDINGS: THERE WILL.BE NO MORE DEVELOPMENT THAN IS PRESENTED ON THE PLAN; THE JUNIPER GROUND COVER WOULD BE THE EXTERIOR OF THE LANDSCAPING AND WOULD EXTEND NO FARTHER THAN 50' INTO,THE NORTHERN DIRECTION OF THE PROPERTY; AND ALL VEGETATION OUTSIDE OF THE DEVELOPMENT RING WILL BE LEFT AS IT IS. It was clarified that the motion would cause the area.to be seeded and ma.intai.ned and that.the posts for the barricade were a part of the plan. THE MOTION CARRIED. COUNCILMAN CLEMENT THEN MOVED.THAT THE NATURAL DRAINAGE OCCURRING THROUGH THE PROPERTY AT 7TH AND ELM BE REVIEWED AND A REPORT MADE TO THE COUNCIL AT THE JANUARY 9, 1979 MEETING. COUNCILMAN NAUGHTEN SECONDED THE MOTION. MOTION CARRIED. Councilman Clement was concerned.as to how large a.project could be undertaken before the Council became involved. He said if the.neighbors had not objected the Council never would have known about this situation. Mr. LaTourelle commented that it was the concern of the neighbors for the trees that brought this incident forward, not the property maintenance, and he noted further that the people on Maple St. are asking .that the trees be cut. A short recess was announced, after which COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN GOULD, THAT AT THE JANUARY 30, 1979 MEETING THERE BE A REVIEW OF WHAT MAKES A POLICY DECISION AS TYPIFIED BY THE TYPE OF SITUATION EXPERIENCED WITH THE 7TH AND ELM ST. PROPERTY. MOTION CARRIED. 1. ESTABLISHING POLICY FOR TREE TRIMMING.A R REMOVAL ON PUBLIC PROPERTY FOR VIEW Public Works Director Leif Larson reported that a petition had been received from residents in the vicinity of.10th Ave. and Dayton St., requesting topping or clearing of trees for view on public property. A number of other calls or inquiries also had been received regarding the clearing of trees for view. Mr —Larson said the Public Works Department had been operating for a number of years with the policy.of removing trees on City property or public right-of-way for the following reasons only: (1) The tree presents a safety or sight distance hazard; (2) The tree root system causes blockage of underground utility system.or heaves roadway or sidewalks; or (3) The tree is damaged or diseased.. Mr. Larson felt this policy was somewhat in conformance • with Section 207 of the Policy Plan as modified in August 1978 which.was intended for new development and states that "The.removal of trees should be minimized particularly when they are located on steep slopes or hazardous soil . . . . Trees that are diseased, damaged or unstable should be removed." He said further that the only reference to view is in Ordinance 1952 which states that the Director of Public Works in drafting a Street Tree Plan shall consider the visual effect of trees on si.ght lines and views; and the policy on removal of or topping of trees for view had not been.addressed directly anywhere. He recommended that a policy be formulated and that.any action on the petition.received be based on that policy. Mayor Pro tem Carns then read for the Council'a notation to Mr. Larson from -the Mayor, which stated the Mayor's policy: "My policy is -to accommodate the public all we can. If this involves removal of -alders or other unsightly trees, then they will be removed. If a bank stability exists, then alders should be cut off without removal of the stumps. Councilman Clement stated that. he did not:think the City should..top .trees to protect other peoples' views. He said this was not always his -feeling, but he had.'come around to this. He noted that trees two miles away from his residence and much lower.were beginning to encroach on his view, and he could not expect those people to top their.trees for him. Councilman Herb commented that it would be great if every view could be*protected,-but that simply was not possible. COUNCILMAN'HERB THEN MOVED, SECONDED BY COUNCILMAN CLEMENT, THAT THE POLICY FOLLOWED BY THE PUBLIC WORKS DEPARTMENT AS STATED IN THE THREE REASONS ONLY FOR REMOVING TREES SHOULD BE MAINTAINED. COUNCILMAN CLEMENT MOVED TO AMEND.THE MOTION TO INCLUDE THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION INCORPORATING THE POLICY. COUNCILMAN GOULD SECONDED THE MOTION TO AMEND, FOR DISCUSSION. Councilman Clement stated that the Mayor has a specific policy and if Councilman Herb's motion were passed and the Mayor then chose not to follow that policy but to continue following the policy he had indicated to Mr..Larson,..then the Council would have no ability to change that. Therefore, he felt the Council,.'s policy must be stated in a resolution. THE MOTION TO AMEND CARRIED, WITH COUNCILMAN NAUGHTEN VOTING NO. THE MAIN MOTION, AS AMENDED, THEN CARRIED, WITH COUNCILMAN NAUGHTEN VOTING NO. The .resolution will be presented at..the November 28, meeting. There was no further business to come before the Council, and the meet' g was adjourned at 9:35 p.m. IRENE VARNE 1 y r TOM CARDS, Mayor_.ro_tem