Loading...
04/12/1988 City CouncilTHESE MINUTES SUBJECT TO APRIL 19, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES April 12, 1988 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro tem Dwyer at the Library Plaza Room, 650 Main St, Edmonds. All present joined in the flag salute. PRESENT Steve Dwyer, Mayor Pro tem Laura Hall Roger Hertrich Jo -Anne Jaech John Nordquist Jack Wilson Martha Dubick, Student Rep. CONSENT AGENDA ABSENT Larry Naughten, Mayor Bill Kasper STAFF Scott Snyder, City Attorney Peter Hahn, Com. Svs. Dir. Jim Barnes, Parks/Rec. Mgr. Mary Lou Block, Plan. Mgr. Art Housler, Admin.Svs. Dir. Jack Weinz, Fire Chief Bobby Mills, Pub. Wks. Sup. Chris Beckman, Engin. Coord. The March 15, 1988 minutes were removed from Item (B) of the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF APRIL 5, 1988 APPROVAL OF REQUEST TO CHANGE DATE OF CONTINUED HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING EXISTING DECK AT 9308 216TH S.W. (AP-4-88/V-37-87) (APPELLANTS: JOSEPH AND CANDIS SAMIONE) FROM APRIL 19, 1988 TO JUNE 21, 1988 (D) TOPORT AWARDNBIDS CONTRACTENED MARCH 29, TO HANSON WESTERNBFOR CITY CONSTRUCTIONR($49r,223TSTATION, AND 64, INCLUDING SALESRION TAX) (E) AUTHORIZATION TO EXECUTE DRAINAGE EASEMENT ACROSS ST. MATTHEW'S CHURCH PARKING LOT (FIVE CORNERS) APPROVAL OF MINUTES OF MARCH 15, 1988 [ITEM (B) ON THE CONSENT AGENDA Councilmember Hertrich informed the Board that he received a verbatim copy of his comments of March 15, 1988 from City Clerk Jackie Parrett. From this copy, he has summarized his comments from that meeting and would like them to be included in the March 15, 1988 minutes. His summa- 97u.� rized comments follow: :?O "I had a couple of comments to make in regard to those people who read my letter regarding 208th Street. I was concerned about costs. In the letter I did not mention the street light at all. I was concerned about the monies in the budget that were available for that street and my largest concern was about costs to the City's taxpayers. "I mentioned that they should not co -mingle funds from water to finance the road project. I mentioned, also, that the City of Edmonds voted down a bond issue to improve the streets and they were faced with a budget problem and that the costs for this project were not projected in the budget. The City has very little money to finance this sort of thing. "I mentioned also to the people in the audience that the Council had asked the City of Lynnwood to help finance in a little better manner and this didn't happen." Councilmember Hertrich said that would summarize his comments other than the fact that they have in their budget allocated only $13,000 for that street and not $93,000. He said those were his comments to the audience. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE COUNCIL ACCEPT THIS CHANGE IN THE MINUTES OF MARCH 15, 1988. Councilmember Wilson asked if City Clerk Jackie Parrett reviewed Mr. Hertrich's comments from the last meeting to make sure that there were no errors. City Clerk Jackie Parrett answered that she had provided him a verbatim transcript from the tape of the March 15 meeting, and that was what he was reading from. Councilmember Hertrich remarked that he has taken his verbatim comments and attempted to arrange them into a condensed version. Mayor Pro tem Dwyer inquired for clarification, if Councilmember Hertrich wanted to have his condensed comments included verbatim into the minutes of March 15, 1988. Councilmember Hertrich answered affirmatively. MAYOR PRO TEM DWYER RESTATED THE MOTION MADE BY COUNCILMEMBER HERTRICH AND SECONDED BY COUNCILMEM- BER HALL, THAT COUNCILMEMBER HERTRICH'S CONDENSED COMMENTS BE INSERTED VERBATIM INTO THE MINUTES OF MARCH 15, 1988. MOTION CARRIED. CWC-HDR MONTHLY TREATMENT PLANT REPORT ., MAIA7 Bud Benjes, CWC-HDR, Inc., was present to report on the progress of the treatment plant. Mr. Benjes reviewed the progress report that was included in the Council's packets and specifically pointed out that they are one week behind schedule. The plans and specifications will be submit- ted to the Department of Ecology (DOE) on April 26, 1988, approximately one week behind schedule. Mr. Benjes stated that they will be advertising for bids on June 15, 1988 and starting construc- tion in mid October, 1988. The project remains on budget. Mr. Benjes explained that they experienced some difficulties in getting a response from the State Highway Department. They received this information today and the State Highway Department indi- cated support of the plans that will involve Highway 99. Councilmember Hertrich inquired about the cost of the project. He noticed that the actual costs are running below the projected budget. Councilmember Hertrich inquired why there was a differ- ence and asked if these figures will become closer as the project progresses. Mr. Benjes replied it is his company's intentions to have the actual costs be at least 10 percent less than the project expense. Councilmember Wilson asked if they will be able to get back on schedule. Mr. Benjes explained that they had a loose deadline of mid April to get the plans and specifications to the DOE. This has ended up being a week later than originally planned. It usually takes DOE approximately four to six.weeks.to give their approval of a project. Mr. Benjes said that he has met with the DOE to discuss the project, and this should make the review time shorter than scheduled. It is possi- ble that this week will be made up at that time. REVIEW SETTLEMENT AGREEMENT WITH PORT OF EDMONDS AND IF NOT APPROVED SET DATE FOR HEARING ON AP- -88APPEALS OF HEARING EXAMINER DECISIONS REGARDING SHORELINE PERMITS: SM-3-87 DECK AT ANTHONY S RESTAURANT-- AND SM-4-87, CONSTRUCTION OF NEW FUEL PIER AND EXP LADED GUEST M R- GE PPELL NT: PORT F EDM LADS P� Ms. Block explained that this is a complex issue and she hoped the staff could make it clear enough to permit the Council to make a decision this evening to either schedule a public hearing or approve the agreement. Ms. Block reviewed the history and summary statement and specifically pointed out that one condi- tion imposed with each of the permits is that the pedestrian gate between the Port facility and Edmonds Marina Beach be kept open. Ms. Block explained that the Port is opposed to this condi- tion because they feel it will create parking problems for the business in the area. Ms. Block said that the Hearing Examiner addressed the condition extensively in both of his decisions. Ms. Block said this gate has been locked in violation of the State Shoreline Management Act for a period of time, and the DOE has issued an order to the Port of Edmonds requiring that the gate be kept open. The Port is proposing to separate the gate issue from that of the facility improve- ments, agreeing to keep the gate open until such time as this issue is resolved through the State Shoreline's Hearing process. Ms. Block said that the proposed agreement specifies that, if the state fails to resolve the gate issue, the open gate condition would remain in effect on both permits and the Port could then appeal it to the City Council. Ms. Block stated the staff's recommendation that pedestrian access along the waterfront be main- tained. To the extent that the proposed agreement maintains open pedestrian access, while the legal issues are being resolved; and, to the extent that the City preserves its rights to enforce current and future conditions; there appears to be no compelling reason to delay implementation of the requested facility improvements. EDMONDS CITY COUNCIL MINUTES Page 2 April 12, 1988 Staff concurs that the agreement is one method to separate the issues and allow the facility improvements to be accomplished without relinquishing the City's right to impose this condition. Councilmember Nordquist inquired about Item 9 in the Findings of Fact. It refers to Exhibit 9. The Exhibit shows that 90 parking spaces are available. Councilmember Nordquist inquired whether staff has checked this out. Ms. Block answered affirmatively. Councilmember Nordquist asked if staff feels this is ample parking. Ms. Block answered that it.meets the requirement for the restaurant facility. Councilmember Nordquist said that in the initial proposal for these two improvements, they also asked the staff to consider the gate issue, or did the staff include this. Ms. Block said the gate issue has been one that has been an ongoing issue for some time. Staff advised the Port when they were making findings on these issues that the gate would be included because it is all part of the Port property and is affected by this action. Councilmember Nordquist inquired how the gate would be affected by the City granting these per- mits. Ms. Block replied the property is one piece of property. If you want to get specific about how it is used, people eat at Anthony's and then walk down to the beach. The gate and walk way are public facilities and they are affected by any action on this property. Councilmember Nordquist said that they applied for an expansion of the deck and construction of a new fuel shed. The gate was included as a condition. Councilmember Nordquist stated that he had a hard time agreeing with that. Councilmember Jaech inquired where the expanded guest moorage would be located. Ms. Block an- swered that it would be located at the existing fuel dock within the existing breakwater. Councilmember Hall stated that she did not want to see an ongoing battle with the Port of Edmonds regarding this matter. She felt the Council should separate the two issues. Councilmember Hall stated that it is time the Port realizes that the City wants the gate left open and find a way to comply with this request. Ms. Block said that is why the staff is requesting that the gate should be left open while the issue is being resolved. Councilmember Hall commented that she enjoyed the beach and would like to be able to walk through that gate. She felt the Port could leave the gate open and still have ample parking spaces for customers. Scott Snyder briefly indicated the procedural history of the issue and said two permits have been given conditional approval, and no public appeal has been issued. The Port did appeal, and Mr. Snyder stated that the settlement agreement presented to the Council asks that they approve the permits and put the issue of the gate aside. If the gate issue is resolved by the State Shore- line Management process, the issue will be dropped. If the State fails to resolve the issue, the matter will come before the Council as an appeal. Councilmember Wilson inquired what would happen in the event that the Court rules in favor of the Port and allows them to close the gate. Will they be able to address this issue later on? Mr. Snyder answered that the Shoreline Management Process which is being followed is basically a process by which the Court is challenging or appealing the ruling of the state DOE that the gate be kept open. If it is decided that it is not a substantial development, they are pushing to a later date the issue of whether the City has the authority, as part of the permit process, to require the condition. Mr. Snyder explained that these are two separate legal issues that are entwined. Since there is strong possibility that the State's decision would resolve the issue, there is no need to delay the requested improvements. Councilmember Hertrich inquired what would happen if the State decided that DOE did not have jurisdiction and left the decision to the City. Mr. Snyder said that if this happens, the City will serve notification to the Port that the gate condition be applied. If the Port would like, they can appeal the issue before the Council. Robert Alsdorf, Attorney for the Port, agreed with Mr. Snyder's comments and felt that this set- tlement provided a way to eliminate extra unnecessary legal proceedings. The settlement sets aside the issue of the gate so that other issues can be resolved. Councilmember Wilson said that he wondered why the City should "offer an olive branch to the Port" in another attempt at an interlocal agreement. However, in another attempt at interlocal cooperation, COUNCILMEMBER WILSON, MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE COUNCIL FOLLOW THE STAFF RECOMMENDATION AND DELAY IMPLEMENTATION OF THE GATE CLOSURE AND SEPARATE IT FROM THE EDMONDS CITY COUNCIL MINUTES Page 3 April 12, 1988 PERMIT PROCESS AND APPROVE THE AGREEMENT FOR SM-3-87, DECK AT ANTHONY"S RESTAURANT; AND SM-4-87, CONSTRUCTION OF A NEW FUEL PIER AND EXPANDED GUEST MOORAGE. MOTION CARRIED. COUNCIL REVIEW OF DRAFT FINAL SEWERAGE SERVICE AGREEMENT WITH OTHER CITIES Mr. Hahn reminded the Council that at the beginning of the winter, the City and the participants J� Mom"" executed a 23 point Memorandum of Understanding. After considerable negotiation and indepth Preview by the Council at their 1987 Retreat, the staff has come up with a draft final agreement for the Council to review. Mr. Hahn explained that the draft agreement before them, is the one that was originally drafted by Hugh Spitzer. This draft agreement has gone to at least 10 work sessions and meetings for review and is approximately 95 percent complete. Mr. Hahn noted that the participants have made payments to the City so the City has been reim- bursed. The participants will continue to make payments on an ongoing basis as the project pro- gresses. Mr. Hahn pointed out that each of the 23 points of understanding are included in the agreement and are being implemented in a clear manner. Mr. Hahn explained that the participants had some questions regarding Point 3 in the Memorandum of Understanding. One of the participants wanted to have a maximum cap on the project costs. If the costs were to exceed $45 million, the additional expenses would have to be approved. Mr. Hahn said that the other participants agreed to this to get the project moving along, but after further review, decided to change this to say, "The project's estimated cost is $39.5 mil- lion. The participants will pay their share no matter how much it costs. If for any reason the $39.5 million budget is exceeded, the participants would like to get together to discuss the reasons why." Mr. Hahn said that this could be done in a Council meeting. If the participants would like to attend, they can do so. Mr. Hahn pointed out that this agreement has been reviewed by Mr. Snyder, and Mr. Hahn has spoken with several Councilmembers to get their feedback. Mr. Hahn said that the Council should consider signing this agreement as soon as possible because: 1. When staff applies for an EPA Grant, this agreement should be substantially completed and adopted. 2. Mr. Housler needs to go to the bond market. Mr. Hahn said that he has scheduled this issue to come before the Council at their May 5 meet- ing. He has also distributed copies of the agreement to the other participants. If the Council or the participants have any comments or suggestions, he would be interested in hearing them. Councilmember Nordquist asked why the flow capacities and percentages on the Memorandum of Under- standing to not match the flows indicated in the agreement. Mr.. Hahn responded that in looking at the flow percentages of Lynnwood and Woodway, they have very small flows which are handled on flow agreements. The City is obligated to provide them with the capacity, no matter how small it is. Mr. Hahn said that they have also included a .3 additional flow capacity to serve north Edmonds. Mr. Hahn also explained that the Mountlake Terrace flow changes at all times. Minor adjustments in the flow percentage will be made as the plan is refined. Councilmember Nordquist asked if the City is forced to go into tertiary, where does the agreement state that the participants will be required to go with the City. Councilmember Nordquist also stated that the agreement is for 30 years. He asked if, after 30 years, the City needs to enter into tertiary, will the agreement be extended to require the other participants to go with them. Mr. Hahn replied that this information is covered in Section 4 on Page 12. Mr. Hahn read this section for the Council and pointed out that the participants will be required to enter into tertiary if that becomes necessary. Mr. Hahn said that if the 30 years has already expired, the participants will have a choice according to Section 4. If the participants choose not to partic- ipate in tertiary, it would free up some flow capacity for the City. If they choose to partici- pate, they will have to pay their share of the costs. Councilmember Nordquist asked about the Oversight Committee. He inquired who would be the person the Committee would be required to report to. Mr. Hahn commented that they could could insert that the Committee should respond to the Council. EDMONDS CITY COUNCIL MINUTES Page 4 April 12, 1988 Because this Committee will be overseeing over $30 million dollars, Councilmember Nordquist felt there should be a person that the Committee should respond to rather than the City Council as a whole. Councilmember Hall pointed out that the agreement originally provided for the Committee to re- spond to the Community Services Director. The Council, at that time, raised some concern. The Council continued to discuss who the Committee should report to and concluded that the Commit- tee should advise the City Council through the Community Services Director. Councilmember Nordquist inquired why every participant would have one vote. Mr. Hahn said that it was originally decided that the votes would be based on flow. All of the participants ap- proved of this method until it was discovered that Edmonds would have over 50 percent of the flow. Because of this and the fact that this is only an advisory committee, Mr. Hahn felt it was fair to give an equal number of votes. Mr. Hahn pointed out that by doing so, the City would be protected and at the same time, they would recognize the majority rule. The Committee's deci- sions are not binding, but they would still be using a democratic method. Councilmember Wilson stated that for a year, staff has been saying the agreement is 95 percent complete. Councilmember Wilson inquired what portions of the agreement were still incomplete. Mr. Hahn answered that the pretreatment program still needs to come before the Council. Unless it meets with radical disapproval, the agreement is almost complete. Mr. Hahn said that the tables need to be included in the agreement, also. When these items are taken care of, Mr. Hahn will send it to each of the participants for their final review. Councilmember Wilson asked if there was an agreed upon signing date. Mr. Hahn said that he -was hoping that the Council could approve signing the agreement on either April 19 or May 3. Councilmember Jaech inquired whether Hugh Spitzer has seen the draft that is before the Council. Mr. Hahn said that he has forwarded the draft to Mr. Spitzer and should receive, his comments by next week. Councilmember Jaech was concerned that the proper people look at this because none of the Councilmembers are experts on the legal issues. She asked if the City's Financial Advisor has reviewed.this.agreement.. Mr. Hahn answered that Mr. Spitzer forwarded his original draft to the Financial Advisor for her review. Mr. Housler said that the Financial Advisor had reviewed the draft. Councilmember Jaech asked if the Financial Advisor had seen the latest draft of the agreement. Mr. Hahn answered negatively. Mr. Snyder pointed out that Mr. Spitzer is the bond counselor for this project. Councilmember Jaech pointed out that Mr. Spitzer is not an expert in the financial aspects of the agreement. Mr. Snyder said that the provisions in the financial contract are very similar to other agree- ments of this type. Mr. Hahn indicated that he would forward a copy of the agreement to the financial advisor for her approval. Councilmember Hall stated that 30 years is a long time and with the growth pattern in South Snohomish County, it may be necessary to use future technology to handle the City's flow. She inquired what type of escape does the City have to cancel this document and start over. Mr. Snyder explained that the Council has two choices. If they are looking for an escape, they should be looking at some form of joint ownership. This would mean that City property would no longer be owned and controlled by the City. Mr: Snyder suggested that the City take some chances in regard to technology in order to maintain ownership and control of the project. Mr. Snyder stated that the emphasis of this agreement is for long-term ownership and control. Mr. Hahn said that if for some reason, at the end of the life of the new plant, the technology exists for Metro to open a treatment plant closer to the City, the City would not be obligated to remain at the existing site. They would not have to provide more capacity than originally agreed upon. Mr. Hahn stated that the City is not obligated to be in the sewer treatment business forev- er. Mr. Hahn thanked the Council for their comments and requested that if any of the Councilmembers have further questions, he would appreciate hearing them. EDMONDS CITY COUNCIL MINUTES Pane 5 April 12, 1988 UPDATE ON WATER SUPPLY STATUS Mr. Hahn pointed out that the stories from the media in regard to the water supply are conflict- -Aaa;_ ing. For this reason, Mr. Hahn felt it was necessary to bring the Council up to date on the situation and reinform them of the mailing that will be done soon. This mailing will inform the water consumers of the water supply situation as well as provide information on the impact of lead on the water supply. Mr. Hahn explained that because of the Safe Drinking Water Act of 1986, the threshold level for lead in the water has been lowered. The City is required to notify their water consumers and provide them with information. Mr. Hahn explained that since 1986, lead pipes are prohibited as well as the use of lead to connect the pipes. Mr. Hahn said that as well as notify the residents of the impact of lead in the drinking water, the staff would also like to take this opportunity to inform the residents of the water supply situation. Mr. Hahn said that both Everett and Seattle have indicated that their reservoirs are on schedule in regard to capacity. However, the staff feels precautionary measures should be taken to prevent future problems. The staff is suggesting that people continue to water their lawns on alternate days. Councilmember Jaech inquired how long the City has had a problem with lead in the drinking wa- ter. Mr. Hahn replied that the lead has always been in the water, the problem arose when the Federal Government lowered the threshold for lead in the drinking water. Councilmember Jaech asked when the City started prohibiting lead pipes, etc. Mr. Hahn answered that the 1985 Edmonds Community Development Code includes this requirement. DISCUSSION AND APPROVAL OF 1988 MEADOWDALE PLAYFIELDS MAINTENANCE AGREEMENT Mr. Barnes informed the Council that it is time to update the maintenance agreement with Meadow - dale Playfield for the 1988 year. Mr. Barnes noted that this is the first full year of operation and maintenance for the complete project. The maintenance costs are not to exceed $27,000. Councilmember Wilson inquired on the status of the lighting. Mr. Barnes replied that the light- ing is being designed and there have been recommendations from the contractor as to which two fields should be lighted. Mr Barnes will be bringing this recommendation to the Council at a future date. Councilmember Nordquist noted that he visited the Lynnwood City Council Meeting of April 4, 1988. At this meeting the issue of the lighting at Meadowdale Playfield was discussed. Lynnwood will be sending their Parks and Recreation Manager to California to review a new lighting system that would allow for virtual darkness on the edge of the field. Mr. Barnes said that he suggested this system be reviewed. Although he is not convinced the system will do everything they say it will, they should definitely review it as a possibility. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT THE COUNCIL AUTHORIZE THE MAYOR TO SIGN THE 1988 MEADOWDALE PLAYFIELDS MAINTENANCE AGREEMENT. MOTION CARRIED. DISCUSSION ON SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (TIP) Mr. Hahn displayed an overhead on the screen to reference the discussion of the 1988 budget deal- ing with the capital improvements of transportation projects. Mr. Hahn pointed out that in the past, the Council has been given the TIP at the end of June with little time for discussion. This year, staff is attempting to receive input early and provide sufficient time for discussion. Traffic Engineer Chris Beckman noted that this proposal is only a draft and that Item 4 on Page 2 should indicate a full reconstruction to include curb, gutters, and sidewalks, not just a seal coat. Mr. Beckman displayed a map depicting the first year elements of the various programs. He re- viewed the map and pointed out how these projects will proceed. Councilmember Hertrich inquired about the possibility that Item 1 on Page 1 and Item 8 on Page 2 being tied together. He also asked if there was a need for the City to do construction on the south side. EDMONDS CITY COUNCIL MINUTES Paoe 6 April 12, 1988 Mr. Beckman explained that Item 8 on Page 2 addresses some pavement problems south of the inter- section and he would see the staff identifying street fund money for this project rather than relying heavily on federal aid. Councilmember Hertrich pointed out that it may be advantageous to move the work on Item 8 up to allow it to be done at the same time as Item 1. Mayor Pro tem Dwyer inquired how the Council would like to conduct this discussion. Councilmem- ber Jaech asked if the Council could ask the questions rather than going through the entire list of projects. There being no objections from the staff, the Council decided to proceed by asking questions of the staff. Councilmember Jaech reminded the Council of the discussion several years ago regarding 9th Ave- nue. The Council discussed different channelizations and lights, etc. At that time, it was decided that there would not be a light at 220th Street, but there would be a light at Walnut Street. In light of this previous discussion, Councilmember Jaech inquired why a light at 220th Street was higher on the list of proposed projects than the light at Walnut. Councilmember Jaech felt that the Council should make sure that what was decided at that public meeting matches what the Council is agreeing to tonight. The Council continued to discuss this issue and concluded that the proposed plans should be tied into what has already been decided by the Council. Councilmember Hertrich proposed that Item 4 on Page 1 should be changed to include only the chan- nelization improvements, and move the traffic light to the bottom of the list. MAYOR PRO TEM DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT THE COUNCIL DIRECT THE STAFF TO CHECK THE MINUTES OR TAPES OF THE AFOREMENTIONED MEETING OR PUBLIC HEARING AND CHANGE THE TIP PROGRAM TO REFLECT THIS DISCUSSION. MOTION CARRIED. Councilmember Hertrich would like to see the following items rearranged: 1. Item 9 on Page 1 moved down on the list. 2. Item 13 on Page 1 moved up on the list. 3. Item.17 on.Page 1 moved up on the list. 4. Item 20 on Page 1 moved up on the list. Councilmember Nordquist requested that the Council scratch Item 15 from Page 3. Mayor Pro Tem Dwyer questioned whether the Council should be rearranging the proposed projects without the public being present. Councilmember Hall stated that she feels it is the Council's responsibility to discuss and revise the proposal prior to the public hearing. Councilmember Hertrich asked, in reference to Items 5, 6, 7, and 8 on Page 2, does this represent all of the streets experiencing drainage problems or are there other streets that should be in- cluded on this list. Mr. Beckman said that all of the streets identified will be studied by the Hydraulics Engineer. If he finds some additional drainage needs, these needs will be included in the projects. Councilmember Hertrich would like to make sure that for those projects that have drainage prob- lems that can be rectified, this work is included in the proposed project. Councilmember Hertrich stated that he would like a cross reference to the Shell Creek Study and to make sure that those items are included Councilmember Hertrich stated that at one time, the City proposed reconstruction on the street from 76th to Maplewood which would have included curb and gutters. This proposal met with some disapproval by the residents in the area. They were concerned about having some access to their yards. Councilmember Hertrich felt that those concerns have been changed. There are site dis- tance problems, drainage problems, and as indicated on Page 3 they need a walkway. He would like to see all of that put together as one project. He said it can work and it is not on the list at all. Mr. Hahn asked how high up on the list Councilmember Hertrich would like to see this item. Coun- cilmember Hertrich stated that as far as safety goes, the pathway is very essential. At the same time they put in the pathway, they should consider the drainage problems and the need for curbs. See Council Minutes of April 19, 1988 EDMONDS CITY COUNCIL MINUTES Page 7 April 12, 1988 Mr. Beckman pointed out that there is a problem with the right-of-way being out of line. Any major site improvements would run into this problem. These projects would be costly if purchase of the right-of-way were required. In regard to Item 2 on Page 3, Councilmember Hertrich recommended that they find out from the neighbors if they want that street to be considered an arterial. These people spoke out some time ago against having this street widened and reclassified. Mr. Hahn indicated that these people were in favor of having the street widened but were against paying the high cost of doing the construction. At that time, these people were told that one possibility to help them get around the high cost, would be to share the cost with the City. The staff promised these people that this item would be on the Six -Year TIP Proposal. Councilmember Hertrich requested that Item 5 on Page 3 be moved up because of the safety hazard caused by the speed. Councilmember Hertrich, in reference to Item 7 on Page 3, noted that the City has an agreement with the 84-unit development's contractor that they provide funds for the development of that street near the YMCA. He proposed that the City change that mitigation to follow along with the proposed plans for that street. Mr. Hahn said that the developer is required to pave the area and this is being done right now. The developer is not required to do any funding of street projects. DISCUSSION OF 1988 STREET OVERLAY PROGRAM q Mr. Mills noted that a list of streets to be overlaid and chip sealed was included in the Coun- cil's packets. Mr. Mills explained that the list shows that an overlay will be applied to 96th Avenue. The Community Services Committee walked this street while it was raining and noticed the deficiencies on the street. The Committee discussed the issue of cost and if the City should put the money into making the whole range of improvements on this street instead of just doing the refurbishing, or should they spread the money around to other areas. They will be meeting with the neighborhood to see what type of cost sharing they are willing to participate in. Mr.'.. Mills said that staff is asking for the Council's approval of a chip seal in the neighborhood areas. In the past, the City has only put chip seal on those streets that have been chip sealed in the past. The idea of using the chip seal is to spread out the available funds. Councilmember Jaech asked if the City requires developers to contribute to refurbishing the street when they use the street for their heavy equipment, etc. Mr. Hahn stated that the City only requires the developer to pay for any damage that is done by the heavy equipment. Council - member Jaech suggested that maybe the City should require a developer to compensate for the ero- sion of the road caused by the heavy equipment. Councilmember Wilson asked if there is a mechanism in place to let people know what is going to be happening on their street. Mr. Mills answered that the City will notify the people along the street being repaired. The draft letter has been prepared. Councilmember Hertrich inquired if there was any difference between putting the chip seal on an asphalt street and putting a chip seal on an oil and water street. Mr. Mills answered that there would be no difference. Councilmember Hertrich asked if there was any reason for the separation on the project list. Mr. Mills 4nswered that this separation was done to let the Council know what types of streets are out there. Mr. Hahn said that if the staff finds that the chip seal did not work on a street, they plan to come back and do the street differently. The chip seal will do some base preparation, so the money would not be wasted. The staff would like to monitor these streets to make sure that the chip seal is effective. Councilmember Hertrich inquired how the water/sewer project chip seal would be funded. Mr. Hahn said that they have set aside $50,000 for this project. Councilmember Hall pointed out that all of the Councilmembers have concerns about the chip seal program. If the chip seal is 'put on in the heat of the summer, people will get oil on their shoes. She asked the staff to keep this in mind and use their judgment. See Council Minutes of April 19, 1988 EDMONDS CITY COUNCIL MINUTES Page 8 April 12, 1988 COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE COUNCIL CONCUR WITH THE STAFF'S GENERAL APPROACH TO CHIP SEALING THE STREETS PROVIDING THAT THEY MAKE EVERY ATTEMPT TO MITIGATE THE CONCERNS OF THE CITIZENS ON THESE STREETS PRIOR TO THEIR ACTUALLY DOING THE STREET. MOTION CARRIED. APPROVAL OF LIQUOR LICENSE The Council had no objection to recommending approval of a special occasion liquor license appli- Q0— cation for Holy Rosary Parent Association. MAYOR Mayor Pro tem Dwyer reminded the Council of their dinner meeting with the Trustees of Edmonds Community College. This will be on Thursday, April 14, 1988, at 6:30 p.m. Councilmember Hertrich asked if the Council had received a formal agenda for that meeting. Mayor Pro tem Dwyer answered that no formal agenda has been presented to the Council other than they received in the legal notice. Councilmember Jaech advised the Council that she will not be able to attend this dinner meeting. Mayor Pro tem Dwyer noted that the Council Assistant would not be in the office on Thursday. She will be in on Wednesday, instead. COUNCIL Councilmember Hall said that she received a call from a citizen regarding the Eagle's Nest devel- opment that is requesting a height variance. She inquired of staff whether there has been an 'Lv appeal filed. Ms. Block answered that there was a hearing on this -height variance, but she did lu not know if there would be an appeal. Ms. Block indicated that she would call Councilmember Hall with this information. Councilmember Hall pointed out that near the development of the high school stadium, the street is very. dusty. She requested that the street sweeper be sent out to clean it up. Mr. Mills indicated that the contractors will be responsible for cleaning up the street. Councilmember Hall cited an article in the LA TIMES regarding undergrounding. It appears, from this article, that there is a less expensive way of undergrounding at the waterfront. Councilmem- ber Hall said that she would ask staff to distribute a copy of this article to each of the Councilmembers. Councilmember Jaech inquired how staff is proceeding with the drainage situation. Mr. Hahn said that they have the required ordinance and will be bringing it back to the Council any time. Mr. Hahn suggested that this item be placed on the May 3 meeting. Councilmember Jaech commented on the memorandum received in the Council packets from the Council President regarding smoking within the City. She felt this was more of an administrative item and should not be placed on the Council's agenda. Councilmember Nordquist commented on a situation that occurred while talking with the Building Inspector. The Building Inspector had to rely on some minutes taken at one of the Board meet- ings. The Building Inspector indicated that the discussion was strong, but the motion was weak. Councilmember Nordquist suggested that the remarks made at the meetings be incorporated into the motions to reflect the discussion and give strength to the motion. Councilmember Nordquist commented on the recent request by the Texaco owner that the canopy be considered a building. He pointed out a situation on Greenwood where somebody has installed a car paint stall in the canopy of a gas station. Councilmember Nordquist hoped that the City laws are tight enough to prevent this type of thing from happening in Edmonds. Councilmember Nordquist stated that he attended the Lynnwood City Council Meeting of April 11. The started at 7:30 p.m. and were finished at 9:06 p.m. They went through all kinds of items. Staff input was limited to approximately two minutes. He pointed out that they have an interest- ing format. Councilmember Nordquist indicated that the Lynnwood City Council expressed an interest in getting together with the Edmonds City Council to visit. . EDMONDS CITY COUNCIL MINUTES Page 9 April 12, 1988 COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE MEETING BE ADJOURNED AT 8:50 PM. MOTION CARRIED. These minutes are subject to April 19, 1988 approval. JACQUELINE G. PARRETT, City Clerk STEVE �. DWYER, Mayor Pro Tem EDMONDS CITY COUNCIL MINUTES Page 10 April 12, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA. MEETING ROOM - LIBRARY BUILDING 7:00 -- 10:00 P.M. APRIL 12, 1988 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH 15, 1988 AND APRIL 5, 1988 (C) APPROVAL OF REQUEST TO CHANGE DATE OF CONTINUED HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING EXISTING DECK AT 9308 216TH S.W. (AP-4-88/V-37-87) (APPELLANTS: JOSEPH AND CANDIS SAMIONE) FROM APRIL 19, 1988 TO JUNE 21, 1988 (D) REPORT ON BIDS OPENED MARCH 29, 1988 FOR CITY PARK COMFORT STATION, AND AUTHORIZATION TO AWARD CONTRACT TO HANSON WESTERN CONSTRUCTION ($49,223.64, INCLUDING SALES TAX) (E) AUTHORIZATION TO EXECUTE DRAINAGE EASEMENT ACROSS ST. MATTHEW'S CHURCH PARKING LOT (FIVE CORNERS) 2. CWC-HDR MONTHLY TREATMENT PLANT REPORT (15 MINUTES) 3. REVIEW SETTLEMENT AGREEMENT WITH PORT OF EDMONDS AND, IF NOT APPROVED, (30 MINUTES) SET DATE FOR HEARING ON AP-5-88 AND AP-8-88, APPEALS OF HEARING EXAMINER DECISIONS REGARDING SHORELINE PERMITS: SM-3-87, DECK AT ANTHONY'S RESTAURANT; AND SM-4-87, CONSTRUCTION OF NEW.FUEL PIER AND EXPANDED GUEST MOORAGE (APPELLANT: PORT OF EDMONDS) 4. COUNCIL REVIEW OF DRAFT FINAL_SEWERAGE SERVICE AGREEMENT .WITH OTHER (30 MINUTES) CITIES 5. UPDATE ON WATER SUPPLY STATUS (10 MINUTES) 6. DISCUSSION AND APPROVAL OF 1988 MEADOWDALE PLAYFIELDS MAINTENANCE (15 MINUTES) AGREEMENT 7. DISCUSSION OF DRAFT 6-YEhR TRANSPORTATION IMPROVEMENT PROGRAM (15 MINUTES) 8. DISCUSSION OF 1988 STREET OVERLAY PROGRAM (15 MINUTES) 9. MAYOR 10. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE