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19781212 City Council Minutes3V8 December 5, 1978 - continued • client, modified.by the Planning Department, and modified further -by the. ADB. He urged the Council to uphold.the decision of the ADB. John Walcker, the developer,.said he had spent thousands of dollars trying to come up with a plan acceptable to himself and to the neighbors, but he had run into a stumbling block with the City. He said he had not intended to put anything over on the neighbors, but only -wanted to get his.building done. He said it is 48 units with a 50' site screen on the west side and the plan was the best they.could do. He said the outside of the buildings will have a cedar shake soffit with yellowish stucco and brown trim. He said the only reason the trees were taken down was because he thought he had approval from the ADB to do it. Further, he said the property, was not graded --that the contours had not changed, but the blackberry bushes had been 8'- 10' high in front. He said he had hauled away only two loads of rubbish from eight acres. Blaine Price of 20904 Woodlake Dr. said he was not a party to the original agreement with the contractor and he had moved in only about ten days before the site was leveled. He said his business is insurance and he insures building contractors and it had been his experience that these people know what they are doing. The public portion of the hearing was then closed. Mark Knudson asked to MOTION: speak again. COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN GOULD TO REOPEN THE HEARING FOR BRIEF REMARKS FROM MARK KNUDSON. MOTION CARRIED. Mr.. Knudson said the intent of the appeal was to have this site looked at by.the City Council in light of the changes that had occurred on it, and the fact that it was an appeal of the landscape plan may not be a broad enough appeal. He asked that the Council consider the landscape plan in its broadest context which includes siting and size of the buildings.- The public portion of the hearing again was closed. Councilman Carns expressed the view that Mr. Walcker deliberately cut down the trees. COUNCILMAN MOTION: CARNS MOVED THAT.THE COUNCIL REVERSE THE DECISION OF THE ADB, BASED ON THE CRITERIA SET FORTH IN SECTION 12.20.050 OF THE CITY CODE, PARAGRAPHS (3)(a), (3)(c), AND (3)(e), WHICH.STATE: "(3)(a) WHERE EXISTING TOPOGRAPHICAL CONFIGURATION CONTRIBUTES TO THE CONSERVATION OF NATURAL BEAUTY AND . OTHER NATURAL RESOURCES THEY SHOULD BE CONSERVED." "(3)(c) LANDSCAPE TREATMENT SHOULD BE.PROVIDED TO ENHANCE ARCHITECTURAL FEATURES AND IMPROVEMENTS, ENVIRONMENTAL HARMONY, MINIMIZE VISUAL CONFLICT WITH THE STRUCTURE OR BUILDING, PROVIDE SHADE FOR WALKWAYS AND OTHER PEDESTRIAN PROVISIONS AND TO CONSERVE AND RESTORE NATURAL BEAUTY AND OTHER NATURAL RESOURCES." "(3)(e) WHERE BUILDING OR STRUC- • TURE SITES ELIMINATE PLANTING, THE PLACEMENT OF TREES, SHRUBS OR OTHER PLANTINGS SHOULD BE ENCOURAGED IN PARKWAYS AND PAVED AREAS WHERE ADEQUATE PROTECTION MAY BE PROVIDED." COUNCILMAN NAUGHTEN SECONDED THE MOTION. Councilman Naughten said he did,not feel Mr. Walcker had done th.i.s.out of malice, but he"felt there was�an error in calculation. He felt'the agreement should have been conformed to and .that there had been a trust and cooperation,between the parties at one time and it could be reestablished. He said he would like to see a compromise worked out and presented to the ADB, and that was why he seconded the motion. Councilman Herb was against the motion. He said Mr. Walcker was not on trial for intentionally cutting down the trees, but rather, the Council. was reviewing the last ADB decision which was made after the trees were cut.. He*said this was not supposed to be a moral. evaluation of the property owner. He felt the main problem was that the open space had been taken away and he noted that the City Staff put the parking into that open space area. He felt the only sensible thing to do.was to uphold'the,ADB decision. Councilman Gould said he did not like to see a building site plowed up before a building permit is issued. He cited 12.20.050(2) of the City Code having to do with the relationship of building and site to adjoining area and he felt the environmental considerations.were.too many and a visual blight had been created. He felt that a 25' Norway Maple that loses its leaves would not provide much screening, and he felt the trees proposed were not adequate and a better plan could be developed to provide the screening needed. It was noted that •,.the. motion was not to remand, that the builder would have to start from the beginning. A ROLL CALL VOTE WAS TAKEN, WITH COUNCIL MEMBERS CARNS, NAUGHTEN, NORDQUIST, AND GOULD VOTING YES, AND WITH COUNCIL MEMBERS HERB AND ALLEN VOTING NO.' THE MOTION CARRIED. A short recess was announced. Because of the late hour and in order to give the last agenda item proper consideration, it was felt MOTION: it should be continued. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN HERB, TO CONTINUE THE DISCUSSION OF POSSIBLE ALTERNATIVES TO THE PRESENT DEVELOPMENT PROCESSING SYSTEM TO DECEMBER 12, 1978 AND TO PLACE THAT ITEM FIRST ON THE AGENDA. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 11:00 p.m. 'A IRENE VARNEY MORAN, Ciyy Clerk December 12, 1978 - Work Meeting 7WAe���� HARVE H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor..Pro tem Tom Carns ip the Council Chambers of the. Edmonds Civic Center.- All present joined in the flag salute, following which Mayor Harrison arrived. PRESENT Harve Harrison, Mike Herb Phil Clement Katherine Allen John Nordquist Ray Gould Tom Carns Larry Naughten STAFF PRESENT .Mayor Charles Dibble, M.A.A. Leif Larson, Public Works Director 'John LaTourelle, Community Development Director Marlo Foster, Police Chief Art Housler, Finance Director Irene Varney Moran, City Clerk Fred Herzberg, City Engineer Jim Jessel, Parks & Recreation Manager John Wallace, City Attorney Jackie Parrett, Deputy City Clerk 1 1 309 • December 12, 1978 - continued CONSENT AGENDA MOTION: COUNCILMAN HERB MOVED, SECONDED BY COUNCILMAN 'GOULD, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of December 5, 1978. (C) LID 203 - Acceptance'of contract work and setting hearing date of February 6, 1979. (D) Acknowledgment of receipt of Claims for Damages from. Ken R. Stefenson in the amount of $360.70, Clark K. Kvistad/Thomas Shilling in the amount of $377.88, and Dorin Ridenour in the amount of $800.00. (E) Adoption of Ordinance 2044,.amending membership on the Shorelines Advisory Committee. COUNCIL With regard.to.letters last week from City Attorney John Wallace reporting on the results of litiga- tion and judgments received, Councilman Clement inquired whether the funds would have any impact on the budget. Finance Director Art Housler responded that the funds had been budgeted. Councilman..Ca.rns said he had received a letter from Ken Sherwood of 161 3rd Ave: S. asking that the Council place on an agenda the recently passed parking ordinance so -he and his neighbors can discuss MOTION: it with. -the Council. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT THE COUNCIL LISTEN TO THE NEIGHBORS IN REGARD TO THE PARKING ORDINANCE REGARDING 3RD AVE'. ON JANUARY 16, 1979. • MOTION.CARRIED. MAYOR Mayor Harri osn advised . tha't `Felix' Rei suer would be delayed`. in-,arri°Vi:ng,,.and .he' had ''requested that his presentation.be later on the agenda. UTILITY COMPANIES' REPRESENTATIVES TO DISCUSS MONTHLY PAYMENTS.OF 6% TAX, Ron Harper of PUD #1 said it would provide no hardship on their.utility to make the payments available to the City on a monthly basis as opposed to the current quarterly basis. He said'it would-be towards the end of the following month before the monies are available, e.g., the utility tax for January would come'towards the end of February. The quarterly payments are also delayed. Len Jorgensen.of General Telephone sa.id they, also, would have no objection. He asked that the Council review the -ordinance that calls for the quarterly payment and.that it be amended. He sai.d he would like to submit the draft of such a new ordinance to their.company's Executive Department. Ted Lovett of Liberty TV Cable said they pay their franchise fee quarterly and foresaw -no problem with a monthly payment but he had been unable to reach their corporate people to discuss it. He said they MOTION: would need some lead time for the change. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE CHANGING THE PRESENT ORDINANCE RELATIVE TO UTILITY TAX, TO PROVIDE FOR MONTHLY RECEIPT OF PAYMENTS RATHER -THAN QUARTERLY RECEIPT OF PAYMENTS. MOTION CARRIED. Finance Director Art Housler added that Mr. Simons, Treasurer of Washington Natural Gas, had been contacted regarding this matter but he was unable to attend this evening's meeting. He had indicated no objection to the monthly payment. SLIDE PRESENTATION BY LEE JOHNSON & ASSOCIATES RE PARK IMPROVEMENT PROGRAM Parks and Recreation Manager Jim Jessel,introduced Doug Jackson, Landscape Architect with Lee Johnson & Associates,.whom he had invited to speak to the Council. Mr. Jackson gave a slide presentation • reflecting some of the park improvements in which his firm had participated. Councilman Carns voiced a concern that a single firm involved in this type of workshould be invited to appear before the Council. Most of the other members Saw no problem in this, indicating they would be receptive to presentations from several other firms. REPORT..FROM ENGINEERING AND BUILDING DIVISIONS RE PROBLEM AT KALLSTROM PROPERTY - 1121 VISTA PL. 1 MOTION: Written reports were submitted regarding this complaint, which stemmed from development of property above the Kallstrom residence. Drainage problems resulting from this development were corrected but runoff existing before this development was not changed. Community Development Director John LaTourelle said they could determine no Building Code violations which were causing difficulties to Mr. Kallstrom, but there had been some very minor erosion because of the ordinary construction activity. He said the street will be paved as soon as weather permits. Also, the home was occupied before issuance of a final approval which he said was fairly common, a temporary approval being given. The report was discussed in. detail. Councilman Herb then.state'd he did not.feel.this was a matter for the Council and he felt it had been adequately handled. Councilman Carns., however, felt the public may not have been well served by the Building Department according to its report, and if this was because of lack of staff .then perhaps they should be asking for more staff.. He thought this should be considered with the item on the present development processing system. COUNCILMAN HERB MOVED,.SECONDED BY COUNCILWOMAN..ALLEN, TO ACCEPT THE REPORT.. Mr. Kallstrom then asked to speak, saying the problem was that Mr. Ward, the builder on the adjacent,property, was dumping a lot of soil on Mr. Kallstrom's property, and he asked if it was not the responsibility.of the Building Department to protect neighboring properties, such as by requiring that the developer protect the neighboring property with a bulkhead. City Attorney John Wallace stated that iflateral support was removed by the builder,.then the neighbor may have cause.for.civil action.,..but the City would not be involved. T11 MOTION THEN,CARRIED. 310 December 12, 1978 - continued • REPORT ON POLICE DEPARTMENT REORGANIZATION MOTION: Police Chief Marlo Foster reported on changes made in recent months within his department. He felt efficiency had been increased and was at an all-time high. He noted that training had increased, including cross training, and that field strength had been increased by realigning duties. M.A.A. Dibble added that there are only two management people in the Police Department now, and because the department will be short on management if both the Chief and Assistant Chief have to be away, a training opportunity will be provided for the sergeants. He also noted that he gets favorable reports from other cities regarding the Edmonds Police Department. DISCUSSION OF POSSIBLE ALTERNATIVES TO THE PRESENT DEVELOPMENT PROCESSING SYSTEM Felix Reisner, consultant for this discussion,.was introduced. He conducted a lengthy discussion searching for alternatives and touching on the possibility of a one -stop type of permit. He said the Planning Commission should be charged with the development of the Comprehensive Plan which is the most important of their functions, rather than hearing the various things they now do. Further, that rehearing by'the Council was excessive, and the Council should be in an appeal position. After soliciting responses from the Council to get their feelings about ideas he introduced, he was satisfied that he had a direction for future discussions. To conclude this evening's discussion, COUNCILMAN HERB MOVED, SECONDED BY COU111CILMAN NAUGHTEN, THAT THE FIRST THING TO EXPLORE WOULD BE A COMBINAITIO'N 'OF ALL THE ADVISORY BOARDS INTO ONE PLANNING BODY WHICH WOULD BE THE PLANNING COi,iMISSION, AND AT THE SAME TIME AN EXAMINATION OF THE CURRENT PLANNING COMMISSION ACTIVITIES TO SEE HOW MUCH OF THOSE CAN BE.DELEGATED OR TRANSFERRED.TO ANOTHER HEARING BODY. MOTION CARRIED. (Councilman Nordquist was not present.) -The next discussion will be scheduled for the January 30, 1979 work meeting. There was no further business to come before the Council, and the meeting was adjourned at 10:30 p.m. IRENE VARNEY MORAN, City Clerk December 19, 1978 HARVE H. HARRISON, Mayor 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 Harve Harrison, Mayor Tom Carns Mike Herb Phil Clement Katherine All -en John Nordquist Ray Gould Larry Naughten STAFF PRESENT Charles Dibble, M.A.A. Leif Larson,'Public Works Director John LaTourelle, Community Develop.-Dir. Irene Varney Moran, City Clerk Art Housler,.Finance Director John Wallace,'City Attorney Jackie Parrett, Deputy'City Clerk Mayor Harrison made presentations of the second annual Architectural Design Board awards to three recipients. These awards were given to applicants who had appeared before the Architectural Design Board and had demonstrated exemplary urban design development by contributing positively to the quality of Edmonds' man-made environment. Plaques were presented to Mr. Dennis Brusseau for Brusseau's delicatessen, Dr. Frank Brown for the Edmonds Methodist Church, and Dr. Thomas W. Shilling for the Kvistad-Shilling Clinic.- A MOTION WAS THEN MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CLEMENT, TO PASS RESOLUTION 419, COMMENDING'THE ABOVE RECIPIENTS FOR THEIR CONTRIBUTION TO THE CITY OF EDMONDS. MOTION CARRIED.' CONSENT AGENDA Items (E) and (I) were removed from the Consent Agenda. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. Councilman Gould said he had spoken to Councilman Herb who was not yet present, and Councilman Herb had indicated he would arrive late.because of another commitment but he was interested in discussing Item (I), the proposed 1979 Salary Ordinance. Item (I) was held for discussion until the end of the agenda. The balance of the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of December. 12, 1978. (C) Acknowledgment of receipt of claim for damages from James Arthur Noyes in.the amount of $2,330.00. (D) Acceptance of LID 204, Sanitary Sewer Project, and setting date of February 20, 1979 for final Assessment Roll. Hearing. (F) Report on bids opened December 12, 1978,for liquid chlorine for.1979, and because no bids were received, approval of a new'bid opening date of January 3, 1978. (G) Setting date of January 2, 1979 for hearing P.C. Resolution 610, recommending approval of amendment to Zoning Code to allow restoration of a nonconforming residential building. (File ZO-12-78) 1 1 1-1