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06/07/1988 City CouncilTHESE MINUTES SUBJECT TO JUNE 21, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES June 7, 1988 The regular meeting of ,the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main Street, Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Steve Dwyer, Council President Laura Hall Roger Hertrich Jo -Anne Jaech Bill Kasper John Nordquist ABSENT STAFF Jack Wilson Scott Snyder, City Attorney Peter Hahn, Com. Svs. Dir. Jim Barnes, Parks/Rec. Mgr. Art Housler, Admin. Serv. Dir. Bob Alberts, -City Engineer Bobby Mills, Pub. Wks. Supt. Jack Weinz, Fire Chief Duane Bowman, Asst. City Planner Chris Beckman, Traffic Engineer Jackie Parrett, City Clerk Karin Noyes, Recorder Mayor Naughten announced the loss of a friend and colleague, State Representative and former Edmonds City Councilmember Katie Allen, who passed away June 7. Mayor Naughten had requested that Ken Gaydos, Public Safety Chaplain, be present this evening to say a few words on her behalf. Mr. Gaydos said the picture and article on the front page of the Herald today expresses more than words could the affection with which they will remember this dear lady. He offered a prayer for her and her family and requested each of those present to stand and reflect on their memory of Katie Allen. Mayor Naughten announced that memorial services for Ms. Allen will be held on Thursday, June 9, 1988 at 1:00 p.m., at the Edmonds Presbyterian Church. CONSENT AGENDA Mayor Naughten announced that Item (E) will be removed from the Consent Agenda (Authorization for Mayor to sign Interlocal Agreement for Arson Investigation between Snohomish County and Edmonds) and rescheduled for discussion at.a later date. Councilmember Hertrich requested the Council remove Items (G), (H), and (L) from the Consent Agenda. Councilmember Kasper requested the Council remove Item (P) from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY BOARD MEMBER HALL, 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 MAY 17, 1988 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JOHN MINARD ($500 ESTIM.) (D) PROPOSED ORDINANCE 2672 ADOPTING BY REFERENCE STATE STATUTE PROHIBITING ASSAULT IN THE FOURTH DEGREE J (F) AUTHORIZATION TO CALL FOR BIDS ON 212TH STREET PROJECT, BETWEEN 76TH AVENUE WEST. AND 84TH AVENUE WEST. (I) AUTHORIZATION FOR MEADOWDALE CONTROL SURVEY BY REID, MIDDLETON & ASSOCIATES ($5,000) (J) AUTHORIZATION FOR MAYOR TO EXECUTE CONTRACT WITH DECISION DATA, INC. FOR TELEPHONE SURVEY ($5,500) (K) ACCEPTANCE OF CONSTRUCTION WORK BY O'BRIEN & SONS CONSTRUCTION FOR SR 99 SEWER IMPROVEMENT PROJECT VaA' (M) AUTHORIZATION TO PURCHASE POLICE CAR FOR FACILITIES MAINTENANCE SUPERVISOR ($1,500) (N) AUTHORIZATION TO PURCHASE MOWER FOR GROUNDS SECTION ($18,000) (0) AUTHORIZATION TO ADVERTISE FOR BIDS FOR CRACK SEAL MACHINE f ^& •3-�'(Q) FINAL ACCEPTANCE OF WORK BY CITY WIDE FENCE COMPANY ON PINE ST. PARK FENCE PROJECT, AND SET 30-DAY RETAINAGE PERIOD (R) FINAL ACCEPTANCE OF WORK BY EDMONDS ROOFING COMPANY ON SOUTH COUNTY SENIOR CENTER REROOFING PROJECT, AND SET 30-DAY RETAINAGE PERIOD (S) FINAL ACCEPTANCE OF WORK BY KATHOL ROOFING COMPANY ON EMERGENCY ROOF REPAIRS AT ANDERSON CENTER 44_-I�f4 (T) FINAL ACCEPTANCE OF WORK BY GEMINI ROOFING COMPANY ON EMERGENCY MEMBRANE REPAIRS AT EDMONDS LIBRARY AUTHORIZATION TO CALL FOR BIDS ON 1988 OVERLAY PROGRAM rITEM (G) ON CONSENT AGENDA] Councilmember Hertrich pointed out that 88th Street from 196th to 200th Street is listed on the overlay program. He said that part of that same street is also listed on the six year TIP Pro- gram. Councilmember Hertrich also pointed out that there was a walkway scheduled in this area. He requested that the walkway be included as part of the overlay project so the improvements could be made at the same time. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT THE COUNCIL ADD THE WALKWAY TO THE OVERLAY PROGRAM. IF THERE IS ANY WIDENING TO BE DONE, A PUBLIC HEARING SHOULD BE SCHED- ULED PRIOR TO STARTING THE ENTIRE PROJECT. Councilmember Nordquist inquired what side of the street Councilmember Hertrich wanted the walk- way. Councilmember Hertrich said he would leave that up to the engineer and citizens. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL THAT, WITH THE AMENDMENT, THE COUNCIL PASS THE ENTIRE ITEM (G). MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS ON 1988 WATER IMPROVEMENT PROGRAM ITEM (H) ON CONSENT AGENDA �(ia�rti Councilmember Hertrich said he spoke with Bob Alberts about this project. That street has a walkway that is designated on the Walkway' Program. He said that generally, when the City does a drainage or sewer project, walkways are considered. He suggested they consider a walkway being done on this street at the same time they put in the pipeline, if reasonable. He felt it would be up to the City's Engineer to decide if it were reasonable. COUNCILMEMBER HERTRICH MOVED THAT THEY ACCEPT ITEM (H) AND ADD THAT WALKWAYS ARE TO BE CONSIDERED WITH THIS PROGRAM. MOTION FAILED FOR LACK OF A SECOND. Discussion went to the next item and then returned to finalize action on this item. COUNCILMEM- BER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE AUTHORIZATION TO CALL FOR BIDS ON 1988 WATER IMPROVEMENT PROGRAM. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH KCM FOR SHELL CREEK i BYPASS STORM DRAINAGE SYSTEM LITEM L ON CONSENT AGENDA Councilmember Hertrich said when the Council first discussed this project, he brought up the project done by KCM at Black Diamond. He referred to a letter from Jerry Hauth, Hydraulics Engi- neer, pointing out the numerous problems the residents of Black Diamond have experiehced from their project. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE COUNCIL CONSIDER OTHER CONSULTANTS DUE TO THE QUALITY OF WORK DONE ON THE BLACK DIAMOND PROJECT. Councilmember Hertrich did not feel the City should be responsible for "watchdogging" the entire project. He said Black Diamond placed their project in the hands of KCM Consulting Firm and the entire job has to be redone. EDMONDS CITY COUNCIL MINUTES Page 2 June 7, 1988 Peter Hahn, Community Services Director, pointed out that the Consultant Selection Committee was roughly equal with all three consulting firms: R. W. Beck, URS, and KCM. He said they could work with any consulting firm the Council chooses. However, he urged that this project not be postponed for any length of time. He said the grant received for this project assumes a certain schedule. Councilmember Hall asked if the Council preferred to refer this matter back to the Consultant Selection Committee or take it up as a Council to expedite the project. Councilmember Hertrich said he would like to expedite the project by selecting R. W. Beck as the consulting firm. Councilmember Kasper felt a representative from KCM should have the opportunity to address the Council. Bob Alberts, City Engineer, indicated that a representative from KCM was present in the audience and could do so at this time. The Council felt it would be better for the representa- tive from KCM to return next week. This would give the Councilmembers time to gather questions for the representative. COUNCILMEMBER HERTRICH AMENDED HIS MOTION, ACCEPTABLE TO COUNCILMEMBER HALL, THE SECONDER OF THE MOTION, TO CONSIDER THE REPORT OR PERSONAL VISIT FROM KCM NEXT WEEK, BEFORE A DECISION IS MADE. MOTION CARRIED. PROPOSED RESOLUTION 676 AUTHORIZING PARTICIPATION WITH A MUNICIPAL COMMITTEE TO PRESENT AND NEGOTIATE THE COST F PUBLIC HEALTH LITEM P N CONSENT G N pit Councilmember Kasper said he had some questions of the Health Board representatives regarding this subject. He inquired if the County is part of this arbitration or is it just among the cities to back up what the County does not want to provide for funding. Art- Housler, Administrative Services Director, said they are representing the City in making a determination of what the -County is already receiving from the city. He said the cities are in disagreement with the County as to how much funding they are actually providing. Councilmember Hall explained that the County is also participating in the arbitration. She said passage of Item (P) would allow the City's negotiating team to negotiate for the City. She said they are trying to develop a formula of payment by both the County and the City. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE PROPOSED RESOLUTION 676 AUTHORIZING PARTICIPATION WITH A MUNICIPAL COMMITTEE'TO PRESENT AND NEGOTIATE THE COST OF PUBLIC HEALTH. MOTION CARRIED. . AUDIENCE Randy Phreem, 6923 - 163rd P1. S.W., said he was attending the meeting as a representative of the citizens of the north Meadowdale area. He explained that they have a petition signed by many residents of that area requesting a public hearing so the community of Meadowdale can address the impact of development in the area and to find a way to correctly enforce the Code. Mr. Phreem presented photographs depicting what the community has to offer. He said they would like the Council to review the petition and photographs and consider scheduling a public hearing on this matter. Mayor Naughten asked Mr. Phreem to submit his exhibits to the City Clerk and said the Council will consider his request. Alex Weber, 170 West Dayton Street, said he is a tenant in Harbor Square. He explained that he has had difficulty obtaining a business license. He explained the license has been held up by the building inspector. Mr. Weber distributed information pertinent to his application for a business license. He reviewed the proceedings that have taken place since December when he re- ceived a letter from the City asking him to renew his license. He said he has not yet received his business license, but the City has cashed his check. EDMONDS CITY COUNCIL MINUTES Page 3 June 7, 1988 Mr. Weber said he received a letter, on April 8 from Hal Reeves, commercial building inspector, telling him he cannot do business in the City until an infraction in the building for a fire escape route has been taken care of. Mr. Weber pointed out that he is a tenant in the building, not the owner. He said he requested Mr. Reeves get in touch with the owners of the building and ask them to correct the problem. Mr. Reeves refused to do this. Mr. Weber said his building had been inspected on October 7, 1987 by the Fire Marshal. He said the Fire Marshal approved the building and indicated no violations. Mr. Weber said when he informed Mr. Reeves that he had been in the same location for four and a half years, Mr. Reeves responded that he had not been in the building since it was a shell. Mr. Weber said that Harbor Square has been the largest project in the City in the past four years. He inquired why the building inspector has not inspected this building in the past four years, especially since his office is located nearby. Mr. Weber said if the situation is not resolved by June 15, he will file a suit against the City. He suggested they straighten out the Fire Department and Building Department. He said the Council should consider removing Mr. Reeves as building inspector if he does not even look at Harbor square to see if there are any violations to the building code. Mr. Weber inquired how he could obtain a business license immediately. Mayor Naughten suggested Mr. Weber call Mr. Hahn in the Community Services Building on Wednesday morning. Jeff Palmer, 17510 - 76th Ave. W., wanted to take the opportunity to thank the Port of Edmonds. He said he and his wife had the pleasure of chaperoning the Edmonds Beach Dance last Friday and the Port security office was kind enough to supply coffee for the Edmonds security personnel. He felt this was a kind gesture and he wanted to publicly thank them. * Natalie Shippen, 1022 Euclid, said she was opposed to the expenditure of any money for 164th Street in Lynnwood. She said Lynnwood indicated they could not come up with the funding for this project. She said she could think of five or six ways for them to come up with the money. One way would be to tax their residents. She said Edmonds residents should not be required to subsi- dize an area that does not use its full array of taxes. Councilmember Nordquist announced that the Council would like to extend the executive session this evening to discuss a personnel matter. Councilmember Kasper requested that Item 10 on the Agenda (Review of Cemetery Employee Status) be scheduled as part of the executive session, also. Mayor Naughten indicated that item 10 will be a review of an employment contract, not a personnel matter. PRESENTATION OF UNITED WAY 1988 YOUTH RECOGNITION AWARDS Mayor Naughten, along with David Hertzog from the United Way Agency presented awards to individu- efal students for their outstanding service to the community. The following students received Youth Recognition Awards: Volunteer Counselors with the Edmonds Parks and Recreation Program Julie Barker - Shorewood High School Chad Towe - Shorewood High School Shanti Breznav - Edmonds High School Volunteer with the Evergreen Soccer Club Darren Frickle - Scriber Lake High School Volunteers at Stevens Memorial Hospital Christine Crow - Edmonds High School Paula Dretske - Meadowdale High School Megan Moloney - Shorecrest High School Volunteer at Madison Aldercrest Nursing Home Patrick Bowen - Edmonds High School Volunteer at Sno-Isle Library in Edmonds Chris Thompson - Edmonds High School * See Council Minutes of June 21, 1988 EDMONDS CITY COUNCIL MINUTES Page 4 June 7, 1988 Volunteer at Edmonds Care Center Carrie Karviconen - Edmonds High School Volunteer at PAWS Layla Opella - Meadowdale High School Mayor Naughten requested that all those receiving awards move to the plaza area to have their picture taken. PRESENTATION OF COMMUNITY SERVICE AWARD TO WILLIAM A. WILSON ("BILL, THE BARBER") Mayor Naughten announced that Mr. Wilson has been a barber in Edmonds for 36 years. He said he typifies the end of an era for hometown barbers. He said Mr. Wilson always had a joke to tell, a card room, a library of magazines, and was the center for communication in Edmonds. Mayor Naughten said the Community Service Award is given to individuals in the community who have contributed to the quality of life in the City. Mayor Naughten awarded a Community Service Award to William A. Wilson. Mr. -Wilson suprised those present by appearing in disguise with a dark red wig. He then thanked the City for its kindnesses and indicated that he loved the City of Edmonds. He indicated that he did not have any jokes, but told a story instead. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING CONDITIONAL USE PERMIT TO Mr. Bowman explained that the Hearing Examiner conducted a public hearing on the conditional use permit request of Lois Bly for a proposed accessory dwelling unit in her residence. The Hearing Examiner approved the requested conditional use permit, subject to the conditions listed in his report. Subsequently, appeals were filed from surrounding neighbors asking that the permit not be.approved. Mr. Bowman said the primary issue in this case is parking. He said that while the applicant has a three car garage, which would meet the code requirements for three off-street parking spaces, the driveway leading to it is steeply sloped. Mr. Bowman indicated that staff originally recommended the permit be denied unless the applicant could demonstrate that the garage was accessible to provide the necessary parking. He said the applicant has demonstrated to the Hearing Examiner that it is accessible. The Hearing Examiner found that the Code criteria for an accessory dwelling unit were met and the the permit should be granted. Mr. Bowman displayed a transparency of a map of the subject properties and indicated the zoning classifications.around the subject property. Councilmember Hertrich inquired, when an application for a conditional use permit is received by staff, are the parking requirements allowed to be satisfied on the street or on the property. Mr. Bowman answered that the Code requires three off-street parking spaces. Mr. Bowman said the applicant received a building permit to remodel her basement. The construction workers were parking in the cul-de-sac, making it hard for the neighbors to turn around. Councilmember Hertrich inquired how much are is available on -street for parking. Mr. Bowman replied there is no space available in the cul-de-sac for on -street parking. The entire area is needed for turnaround. Councilmember Kasper inquired what the width. of the street is. Mr. Bowman said it appears to be 70 feet wide. He said the street portion, itself, is 24 feet to 30 feet wide. The rest of the width is currently being used for parking. Councilmember Kasper inquired if there were any restrictions on the properties to prevent parking on the street. Mr. Bowman said he did not know of any restrictions of this type. City Attorney Snyder said the City is not responsible for enforcement of community covenants. Councilmember Hertrich inquired if the three parking spaces in the applicant's driveway were parallel to each other or do they become more narrow at the street. Mr. Bowman said that three cars could not realistically park in the driveway at the same time because of the width. He said the driveways do become more narrow toward the street. EDMONDS CITY COUNCIL MINUTES Page 5 June 7, 1988 Mr. Bowman indicated the project was completed in 1966 and met all of the parking requirements at that time. Mayor Naughten reviewed the procedure and opened the public hearing. Reina Welch, 517 Paradise Lane, the appellant, said she would like to make some remarks to the Hearing Examiner's Conclusion Number 5 where he states that the requested conditional use permit will not be detrimental to to the public health, safety or welfare, or to nearby private proper- ties or improvements. Ms. Welch said that because of the location of the Bly home, she has to swing out of her driveway and back into the Bly driveway. She said the Bly guests obstruct the sidewalk when they park because they do not like to go down into the steep driveway. She indicated there is a vacant lot next door to the Bly home that when developed will bring more cars into the cul-de-sac. She felt this could create traffic hazards for other residents while accessing their driveways. Ms. Welch said the cul-de-sac is very small. If there are cars parked on both sides of the street the condominium is located on, there will not be enough room for cars to pass. She said that if the Bly home were located anywhere else in the cul-de-sac, there would not be a problem with accessing the driveways in the cul-de-sac, and she would have no problem with the permit. Ms. Welch said the Hearing Examiner made no reference that the Bly's vehicles and those of their tenants must be parked off the street. She stated, also, that Ms. Bly should have received a building approval before she built her unit. Because of this, Ms. Welch did not feel the permit should be granted. Lois Bly, 537 Paradise Lane, distributed copies of her comments (marked Exhibit 1) and pictures of her neighbors vehicles parked on the street (marked Exhibit 2). Ms. Bly stated that she felt the neighbors were zeroing in on her by indicating that her property creates the parking problems. She indicated she is a single mother supporting a son. She only has one vehicle. She said she does not understand why the neighbors have a problem with her request. She said she also could not understand why the appellant felt it was necessary to veer her car toward the Bly property to get out of the cul-de-sac. Ms. Bly pointed out that the congestion in the cul-de-sac is Caused by the vehicles parked on the street. She said these vehicles are owned by the neighbors, not herself. She pointed out that Bodines have five vehicles. Many of these are parked on the street. She felt her property met all of the criteria in the Code supporting such a unit. She said she demonstrated that her garage is accessible. She said she went to great lengths to obtain the permit. She paid a $250 application fee. She inquired if the neighbors had to pay a fee to submit their appeal. She said she sincerely hopes the matter can be resolved. In addition to the inconvenience it has caused, it has also deprived her of income she could have been receiving. Ms. Bly said that in reference to the cul-de-sac's being too small and too narrow, on two sepa- rate occasions a fire truck was called to the neighborhood and experienced no difficulty in ac- cess. Ms. Bly suggested that the appellant take care of the parking problems by requiring the Bodines and Fays to park their vehicles on their own property. She said visitors to her property are minimal, and there was additional traffic only during the remodeling. She said at no time was the Welch's driveway blocked by vehicles from the Bly residence. At one time a truck extended six inches into Welch's driveway. Ms. Welch complained and the truck was immediately removed. Ms. Bly pointed out that normally, a residence of this size would be expected to accommodate at least three vehicles. Ms. Bly felt it was obvious she had been subjected to malicious, vindictive, and unfair and un- true allegations from these people. She requested the matter be resolved without any further time delays and that she be allowed to use her property as set forth in the Code adopeed by the City of Edmonds. L.N. Stevens, 500 Paradise Lane, #300, said that he is the president of the condominium associa- tion from the Spinnaker Condominiums. He said he wanted to put the association on record that they are opposed to the permit. He said it would create dangerous congestion and noise, particu- larly in the summer. He pointed out that people come through that area at a high rate of speed and it will be only a matter of time before somebody gets hurt. EDMONDS CITY COUNCIL MINUTES Page 6 June 7, 1988 Wendy Kondo, 19422 68th Avenue West, Lynnwood, said she is a real estate agent and friend of Ms. Bly. She said that normal parking for that home is three spaces. She pointed out that all the other residents have three or four cars parked in front of their homes. Ms. Bly has one car. She pointed out that there are large R. V.'s parked along the street at all times. In addition, a van and Cadillac are also parked in the street. Ms. Kondo said the accessory dwelling unit meets the requirements. She feels this is a malicious attempt to stop Ms. Bly from receiving this permit. Ms. Welch responded that she is not contesting the property, itself. She is only pointed out that there is no frontage to be used for parking on the street. She pointed out, once again, that the driveways are very steep. Ms. Welch stated that the applicant began construction before she received a permit and if she had tried to obtain a permit before beginning construction, there would not be the hassle. Ms. Welch pointed out the motor home is sold and will be moved next week. The only other vehicles parked on the curb by the condominiums are a van and small business truck. Ms. Welch said that when Ms. Bly's daughter was driving, they were always park- ing on the street. There is no space along the street of the cul-de-sac for adequate parking for additional cars. Councilmember Dwyer asked Mr. Bowman what was done in an attempt by the applicant to demonstrate that there was sufficient parking. Mr. Bowman answered that the applicant had to prove that the garage was accessible and available for parking. He said the applicant demonstrated that the garage was cleaned out and available for parking. The applicant's car was parked in the garage atthe time of his visit. Mr. Bowman said the Hearing Examiner determined that the garage was accessible. In regard to Ms. Welch's comment that the applicant began construction without a permit, Mr. Bowman said the applicant has a valid building permit to finish her basement. She has not ob- tained a permit to install an additional kitchen. He said the applicant will be required to do so if the Hearing Examiner's decision is upheld. Councilmember Hertrich said he took the liberty of visiting the subject property. He observed that it is a very congested cul-de-sac. No matter what is developed, there will be a parking problem. He said he observed two motor homes and a van parked near the curb next to the condomin- iums. He also noticed parking available for a few more vehicles. Councilmember Hertrich comment- ed that it takes a lot of neighborhood cooperation to use this parking facility. He pointed out that the Hearing Examiner's decision prohibits the applicant •from parking on the street in the cul-de-sac. He felt this would give the adjoining neighbors ample opportunity to contest the permit if the applicant violates the condition. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO UPHOLD THE HEARING EXAMINER'S DECISION REGARDING CONDITIONAL USE PERMIT TO ALLOW ACCESSORY DWELLING UNIT AT 537 PARADISE LANE. MOTION CARRIED. HEARING ON 6-YEAR TRANSPORTATION IMPROVEMENT PROGRAM, AND ADOPTION OF PROPOSED RESOLUTION 677 G? Bob Alberts, City Engineer, said the State of Washington requires each municipality in the State / p to submit to the Washington State Department of Transportation a Six -Year Transportation Improve- ment Program. He said this program is to be updated yearly and submitted to the state in July. He indicated that a public hearing is required and the Council resolution must be passed adopting the Six -Year Street Program each year. Mr. Alberts said that Chris Beckman, Traffic Engineer, would review the proposed program with the Council. Chris Beckman reviewed the program with the Council. Councilmember Hertrich, in reference to #13 on the project list (SR 524 and 88th Ave. W.), asked what staff is referring to in regard to channelization. Mr. Beckman said that on that particular item there are a number of suggestions to improve the difficulties experienced by traffic trying to negotiate turns. Mr. Alberts and Mr. Beckman indicated some of the options the City! may con- sider in regard to this item. Councilmember Hertrich suggested they speed up project #14 (SR 524 and 7th Ave. N.) because that street has real problems. Mr. Beckman pointed out that this project will be funded locally. He said that when Council provides the budget for this project, staff will begin the project. Councilmember Kasper inquired if federal money would pay for project #3 (208th St. S.W., 76th Ave. to City Limits). Mr. Beckman said the City would be responsible for $72,000 ant the UAB would be responsible for the remaining $288,000. He pointed out that the $72,000 would be used for construction costs. The City has also budgeted an additional $18,000 for staff time. EDMONDS CITY COUNCIL MINUTES Page 7 June 7, 1988 Mr. Alberts said that project #14 has been shown in previous years as a UAB project because it is partly in Snohomish County and would be a primary candidate for a joint effort between the City and the County. Councilmember Hertrich inquired what the width of that street would be. Mr. Alberts said the Community Services Committee has discussed various widths. Because of UAB criteria they are looking at a 40-foot width. The Committee has discussed several different scenarios. Mr. Al- berts said that if the funds become available, a public hearing will be required before work can begin. Councilmember Hertrich inquired if would be possible to take the berm out of the roadway on project #16. Mr. Alberts pointed out that improvements to that street would have to be done with local money. There will be no federal funding of this project. Albert Starkenburg, 8812 200th S.W., said that in 1972 the City put together a plan for 88th St. and the neighborhood appealed to the Council. He said that at that time, the Council assured the community this would not be done. He said it is a residential area and is not patrolled by po- lice. He said police will not issue tickets for speeding because of the downhill pattern of the road. Bud Tharp, 8718 Maplewood Lane, said they don't want to see more cement, black top, or traffic; which is what will happen if 88th Street goes all the way through. He said he moved to Edmonds to enjoy the green environment and less traffic hassle. He felt the City staff was only interest- ed in the money from the government. He also felt the community would not allow this construc- tion to take place. He said if they need to keep their engineers and black top workers busy, they should send them to Seattle to assist with the Metro tunnel. Rob King, 20503 88th Ave. W., said he opposes any development plan which would extend 88th Ave. W. to connect to Main Street. The street revision would change a quite residential destination street to a municipal arterial. He believes this opposition is shared by many if not all the neighborhood residents. He said he bought property and built in the neighborhood because he liked the quiet rural character of the location. The effects of cul-de-sac type streets promote only residential traffic. This is quite different from the transient movement of arterial travel. Mr. King added that he has a three -year -old child and a second one due this summer. The location of his property will allow them to play and grow without the constant worry of being run over by passing traffic. He said if a through street is completed, noise will become a major factor and property values will plummet, and if they wanted to live on an arterial like 76th, they could have done so at.a much lower cost. Mr. King pointed out that facts show the street would create increased traffic, noise, and all related problems that would reduce the property values. This translates into seeing years of work in caring for your home and yard lost when sold. He said the entire character of the area is lost when dissected by a heavily traveled street. Mr. King said he heard the City is proposing this revision in order to allow for a more direct route for fire and other aid vehicles to north Edmonds. He felt this idea is short sighted. The neighborhood is mature whereas north Edmonds is showing a much faster expansion of growth. Mr. King suggested it may be more prudent to fund an additional fire and aid station to serve that part of the community rather than cause the aforementioned problems for them. Mr. King inquired where such a proposal would stop. If the road is widened and extended to Main St., he asked how long will it be before a traffic signal is needed on Main St. and 196th, etc. He felt a fatal traffic accident to be the deciding factor. He wondered if the next step would be to continue 88th Ave. to the south through another nice residential neighborhood. Mr. King did not feel the residential community wants or needs this type of growth. They paid a premium to live in Edmonds and now they feel they must fight this street revision proposal to protect their investment. He has been told that this idea was brought up several years ago and went down soundly to defeat, and he asked why the Council must again raise the question to the residents. Is this a battle the neighborhood will never win? Mr. King feels the residents would like to know what the motivating factors are for this propos- al. He wanted to know if the Council has the opportunity to get federal or state matching funds for projects of this type, suggesting that perhaps taking advantage of federal dollars seeds legislation of this type. He felt that if access was the problem, alternatives could be reached without a through street arterial. EDMONDS CITY COUNCIL MINUTES Page 8 June 7, 1988 Mr. King also requested a mailed notification be sent to all residents along 88th and at least one street in each direction regarding any further action. He said he would like to be informed and he remains strongly opposed. Chrystal Rae, 8802 205th Place S.W., said that to widen or extend 88th Ave. would change the area for the worse. She said she concurs with the statements made by Mr. King. Dennis Burg, 20103 88th Ave. W., said he sold his house in the Esperance district last summer because of land use problems and the inability to get anything done by the County. He said he moved into this house last summer because he knew he would be heard by the Council and Planning Board in Edmonds. Mr. Burg felt notice should be given to people on these streets when .the City is discussing these types of changes. He said this was not done. He said he has two children who ride bikes. He moved because to the area because it was a quiet neighborhood. Jeff Palmer, 17510 76th Ave. W., spoke in favor of the overlay program for 76th because the street is experiencing erosion. He felt the money budgeted for this street will be well spent. George Minnick, 19928 88th Ave. W., was involved in this discussion 12 years ago. Since that time, his neighborhood has changed. Most of the residents are retired now. He felt there was no need to have any more street than currently exists. He pointed out that there are no schools in the area; children living in his neighborhood are bussed to other schools. He said the only thing the City would be creating is a speedway. He did not feel they needed any more major arte- rials. Rich Martinez, 19722 't 88th Ave. W., said the channelization would have a negative impact on 88th Ave. residents and the property values. Most of all, he said it would create a hazardous environ- ment for children. He said he adamantly opposes the channelization of 88th Ave. Robert King inquired if the Council could remove the 88th Ave. improvements from the Six -Year Traffic Improvement Plan, so the residents do not have to go through this ordeal again. Councilmember Nordquist said sat on the Committee when this proposal was presented 12 years ago. He said at the recent Committee meeting, Mr. Hertrich, Mr. Kasper, and he mentioned to the others in the audience that the City had made a commitment to the residents of the area not to extend 88th Ave. However, he observed when new evidence comes in the Council is obligated to review the new information. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO REMOVE THE IMPROVEMENTS ON 88TH AVE.. W..FROM THE SIX -YEAR STREET PROGRAM. MOTION CARRIED. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE BALANCE OF THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND ADOPTION OF PROPOSED RESOLUTION 677. MOTION CARRIED. DISCUSSION ON IMPROVEMENTS TO 97TH AVE. W. BETWEEN 216TH AND 219TH S.W. Mr. Alberts explained that the Council received a petition from residents in the 97th Ave. W. area, requesting their street be placed on the Six -Year Improvement Plan. He said the Community Services Committee and a group of citizens have discussed the possibilities available to them. Mr. Alberts said the City has taken some test patches and found that there is a layer of loose Soil under a layer of dense soil. This has caused the street to settle and damage has occurred. He said this could also create a problem with any improvements made to the street. Mr. Alberts pointed out the four options available for the street improvement and requested the Council give staff some direction as to which option they would like to follow. Councilmember Hertrich inquired what the life span of Option A (chip seal, prelevel, and chip seal) would be. Mr. Alberts said it would last approximately eight to ten years. Councilmember Hall inquired what staff would recommend for that street. Mr. Alberts pointed out that chip seal is easier to patch. His preference, however, would be Option B (prelevel, install fabric, and overlay with ACP). He indicated there is a risk involved with:.Option B. If there is no future settling, Option B will last a long time. EDMONDS CITY COUNCIL MINUTES Page 9 June 7, 1988 Councilmember Hertrich asked if staff would experience difficulty in patching the street if set- tling occurs with Option B. Mr. Alberts answered that Option B would be difficult to repair but not impossible. He said Option A is more in line with what they are doing now. Councilmember Nordquist said that after walking the street during a rainstorm, he noticed a lot of drainage problems. He pointed out that for only $10,000 more, Option C (excavate 8", try to compact subgrade, and rebuild to a typical road section) would last much longer. He felt the road needed a lot of work done to it, including drainage. Mr. Alberts said that if the Council chooses Option C, they would try to compact the lower lay- er. Councilmember Hertrich pointed out this may not work. Councilmember Hertrich requested that they either do the entire project as an LID or use Option A. He said he could not justify spending a lot of money for something that may not work. Councilmember Kasper asked how much money the City has in the street budget other than arteri- als. Mr. Alberts indicated they have $10,000. Mr. Alberts said they are currently doing about three streets a year and they should be doing ten. Councilmember Kasper said that until the City can get an LID; they do not have the money for this project. He felt they should wait until they have an LID and then do the project in the best possible way. He said the drainage is not proper and the City needs to work on the elevation, also. Mr. Alberts pointed out that the City is taking care of some of the drainage problems in that area. Mr. Alberts noted that the street needs to be sealed at this time. He added that the neighbors would bear the cost of improvements on the right-of-ways in front of their homes. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT OPTION C BE APPLIED TO THE 97TH AVE. W. STREET IMPROVEMENT BETWEEN 216TH and 219TH S.W. Councilmember Kasper said he would not support the motion because there are a lot of projects that need more immediate attention and -the City does not have the money for this improvement. Councilmember Hertrich pointed out that there is no guarantee that Option C will last. Councilmember Kasper said that after the drainage problems are corrected, it may be found that a chip seal would work on that street. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCIL PRESIDENT DWYER, COUNCILMEMBER HALL, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER JAECH VOTING 1N FAVOR OF THE MOTION, AND COUNCILMEMBER HERTRICH AND COUNCILMEMBER KASPER.VOTING AGAINST THE MOTION. Mr. Alberts said staff will open this project for bids. If, after the bids are received, the Council decides to go with a different option, they can do so. COUNCILMEMBER KASPER MOVED THAT $15,000 IN THE BUDGET BE REMOVED AND PUT BACK. MOTION FAILED FOR LACK OF A SECOND. Councilmember Hertrich inquired if it is possible for staff to test an area of the street. Mr. Alberts said he could take a test, but this would not guarantee the same results in other sec- tions of the road. REVIEW OF STATUS OF PLANS FOR PAINE FIELD FUTURE Mr. Hahn said that the Puget Sound Council of Governments (PSCOG) released a document on regional transportation plans regarding the airport system amendment. He said that in this report, PSCOG makes a number of recommendations. Mr. Hahn said the Council's packets included the recommenda- tions from this report. Mr. Hahn said there were a number of recommendations made in regard to the role of Paine Field. On June 9, the Snohomish County Subregional Council will have this report on their agenda. Because of this, Mr. Hahn suggested the Council give Councilmember Hertrich some feedback on their review of this report as he will be representing them at the meeting. Mr: Hahn noted that the PSCOG recommendation is that Paine Field be selected as one of the prima- ry contacts for a satellite airport. He added that the County has a task force and Mayor Naught - en has appointed Jim Barnes to serve on that task force. EDMONDS CITY COUNCIL MINUTES Page 10 June 7, 1988 Mr. Hahn said it was his desire to bring the Council's attention the plans for Paine Field. He said he spoke with staff of the City of Lynnwood and they did not even know of this report or the June 9 meeting. Mr. Hahn felt the local communities should have a voice in what the roll of Paine Field should be. Mr. Hahn felt the Task Force's recommendation is headed in the direction of curtailing any expan- sion of air carrier traffic. He felt this recommendation is one on which the Council may want to make some statements. Mr. Hahn pointed out that the Council may wish to ask PSCOG to postpone their decision until the Council has had the opportunity to hold a public hearing on this issue. Mr. Hahn referred the Council to an article in the SEATTLE TIMES regarding the plans. This article stated that PSCOG is trying to speed up their plans. Councilmember Hail inquired if Mr. Hahn was trying to warn the Council of something. Mr. Hahn said he was not. He said he suggests the Council give some direction to Councilmember Hertrich as he will probably be asked at the June 9 meeting what the City of Edmonds position is. Councilmember Hertrich said he is a voting member of PSCOG and it is his concern that he have some direction from the Council. Mayor Naughten pointed out that Mr. Hertrich could vote to postpone a decision. Councilmember Kasper inquired how many reports Mr. Barnes has given to the Community Services Committee. Mr. Barnes said he has discussed this review with the committee on several occasions. Mr. Barnes said that the one area that seems to come out of the conversations from the past 20 months is that there is disfavor of a satellite use or regional air carrier use at Paine Field. Mr. Barnes pointed out that they will have an expansion of the airport, but the task force seems to be coming to the conclusion that they can live with minor expansion, but they do not want to accommodate a satellite facility at Paine Field. Mr. Barnes said that PSCOG, on the other hand, points all of their recommendations to having a satellite facility at Paine Field. He noted that although Paine Field is quite a distance away, there are several Edmonds residents concerned with the plan and they have attended a meeting on these plans. Mr. Barnes wanted to advise the Council of the different conclusions. The task force is recom- mending only moderate growth for Paine Field but PSCOG is going the extra step and saying that Paine Field looks like the place to study for a satellite facility. Councilmember Jaech inquired which group has more decision -making power. Mr. Hahn said the offi- cial body of PSCOG has more decision -making power as far as any changes in the regional transpor- tation plan. Councilmember Jaech suggested that they recommend PSCOG not vote on this plan on June 9. She felt the Council should have the opportunity to discuss the plan. Council President Dwyer felt the task force should be allowed to complete their work before PSCOG makes their decision. He said he did not want to delegate the Council's planning authority to the PSCOG. Councilmember Hall said that Paine Field can impact the air corridor as well. She inquired if any one has addressed the noise that will be created from the large planes in the traffic corri- dor. Mr. Barnes said the study states that there will be more traffic in the existing air corridor. He said the information received from the FAA and from PSCOG is that if Paine Field becomes a satellite air carrier facility, the traffic patterns would have to change. There would not be the same separation and there would no longer be a guarantee that the planes would turn early into the sound. They may take a more direct.route and, thus, create much more noise. Councilmember Jaech inquired what the possibility would be for the PSCOG to postpone their deci- sion. Mr. Hahn said he could not believe there would be a problem with postponement because there is no need to rush this through the system. Mr. Hahn pointed out that this is not the final approval. EDMONDS CITY COUNCIL MINUTES Page 11 June 7, 1988 Councilmember Jaech said that if PSCOG does not want to go along with a request for a delay, the Council should give some direction to Councilmember Hertrich indicating their opinion. Mayor Naughten said that if PSCOG will not delay their decision, he felt Councilmember Hertrich should vote against the plan. Councilmember Hertrich summarized that the Council's consensus was that he should request a delay in the decision. If that is not granted, the City is against the plan. He, also, felt the pub- lic should have the opportunity to voice their opinions. Council President Dwyer felt that if PSCOG votes against the delay, that in itself is reason enough to vote against the plan. Councilmember Hertrich suggested that a request for a delay may awaken a few of those on PSCOG who are not really aware of what is going on. The Council felt a delay should be requested to allow the Council to hold a public hearing and allow the task force time to complete their study. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCIL PRESIDENT DWYER, TO REQUEST A DELAY OF PSCOG'S RECOMMENDATION IN ORDER TO ALLOW THE CITY TO OBTAIN MORE INFORMATION AND HOLD A PUBLIC HEARING. IF A DELAY IS NOT GRANTED, COUNCILMEMBER HERTRICH SHOULD VOTE AGAINST THE RECOMMENDATIONS. MO- TION CARRIED. DISCUSSION AND APPROVAL OF AMENDMENT #5 TO CWC-HDR AGREEMENT Mr. Alberts said that Amendment #5 to the CWC-HDR, Inc., Agreement is to evaluate the existing sewer meters which are used for proportioning the annual 0 & M costs at the wastewater treatment �j plant, make recommendations regarding the condition and accuracy of the meters, and design a telemetering system in which the meters will be recorded at the treatment plan. The engineering work is grant eligible and within the original design budget. Mr. Alberts explained that the intent of the work is to modernize and centralize the meter read- ings in the system. With the new instrumentation system in the new plant, the man-hours in read- ing meters, detecting problems in the system, and calculating each agency's share of the cost should be substantially reduced. Councilmember Kasper. inquired why staff did not go out.to bid for this project. Mr. Alberts indicated it is helpful to have the same contractor do the entire project. Mr. Alberts indicated they could deal with another company, but CWC-HDR will still have to be involved. The Council continued to discuss the amount of money involved in this amendment. Mr. Alberts clarified that the additional expenditure would be $32,000. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE AMENDMENT #5 TO CWC- HDR AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT. MOTION CARRIED. COUNCIL Council President Dwyer announced that the Council selection of art from the Arts Festival will be June 12, 1988. He referred the Council to the letter in their packets. Council President Dwyer said the interviews with the personnel consultants will not be on June 14. They will be scheduled for June 21 and July 5, 1988, at 6:15 p.m., in the Community Services Conference Room. Council President Dwyer said they are having trouble obtaining a student representative for the summer months. Councilmember Kasper indicated that he could get a student representative from a �' parochial school. Council President Dwyer said he will let Councilmember Kasper know,in a few days whether he should try to get a representative from a parochial school. Councilmember Hertrich said he has been working with a number of citizens on the school board and the school board has reinstated swimming as a sports program in the district and will try to find extra money for the program. Councilmember Jaech commented the Council heard an appeal about six months ago on another accesso- ry dwelling unit. She inquired if this topic was still scheduled on the Planning Board's August 10 agenda. Jeff Palmer, Chairman of the Planning Board, indicated it is. EDMONDS CITY COUNCIL MINUTES Page 12 June 7, 1988 Councilmember Kasper inquired how long it would take to get the new traffic signal into operation at 9th and Walnut. Mr. Alberts said the staff is waiting for the notice to appear in the newspa- per announcing that the light will begin operating at 10:00 a.m. on Friday. Councilmember Hall said she attended the party in recognition of the Public Works Department. She also commented that the dedication of Snohomish County Park was nice. She said she received several comments about the access to the park. She felt the park would remain passive because of the access. Councilmember Hall said she attended Dr. Reasby's retirement party. She said it was a good trib- ute to a man who has done a lot in the Edmonds School System. Councilmember Hall said the beach dance was well attended and well chaperoned. She felt it was great to start a summer in that manner. MAYOR Mayor Naughten said the beach dance was a success. There were 1065 teens and .70 chaperones in attendance. Mayor Naughten said he attended a port meeting with Mr. Hahn to request that they lease the three and a half acres behind Harbour Square to the contractor for the treatment plant. They are con- sidering the request. Mayor Naughten proclaimed June 9, 1988, Bruce Caldwell Day in recognition of his service to the City of Edmonds and the good will he has spread in the name of the City. Mayor Naughten an- nounced that Mr. Caldwell's last concert will be on June 9. There being no further business to come before the Council, the meeting was adjourned at 9:50 p.m. These minutes are subject to June 21, 1988 approval. • � L JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 13 June 7, 1988 AGENDA EUMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JUNE 7, 1988 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MAY 17. 1988 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JOHN MINARD ($500 ESTIM.) (D) PROPOSED ORDINANCE 2672 ADOPTING BY REFERENCE STATE STATUTE PROHIBITING ASSAULT IN THE FOURTH DEGREE (E) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR ARSON INVESTIGATION BETWEEN SNOHOMISH COUNTY AND EDMONDS (F) AUTHORIZATION TO CALL FOR BIDS ON 212TH ST. PROJECT, BETWEEN 76TH AVE. W. AND 84TH AVE. W. (G) AUTHORIZATION TO CALL FOR BIDS ON 1988 OVERLAY PROGRAM (H) AUTHORIZATION TO CALL FOR BIDS ON 1988 WATER IMPROVEMENT PROGRAM (I) AUTHORIZATION FOR MEADOWDALE CONTROL SURVEY BY REID, MIDDLETON L ASSOCIATES ($5,000) (J) AUTHORIZATION FOR MAYOR TO EXECUTE CONTRACT WITH DECISION DATA, INC. FOR TELEPHONE SURVEY ($5,500) (K) ACCEPTANCE OF CONSTRUCTION WORK BY O'BRIEN 6 SONS CONSTRUCTION FOR SR 99 SEWER IMPROVEMENT PROJECT (L) AUTHORIZATION FOR MAYOR TO EXECUTE PROFESSINAL SERVICES AGREEMENT WITH KCM FOR SHELL CREEK BYPASS STORM DRAINAGE SYSTEM (M) AUTHORIZATION TO PURCHASE POLICE CAR FOR FACILITIES MAINTENANCE SUPERVISOR ($1,500) (N) AUTHORIZATION TO PURCHASE MOWER FOR GROUNDS SECTION ($18,000) (0) AUTHORIZATION TO ADVERTISE FOR BIDS FOR CRACK SEAL MACHINE (P) PROPOSED RESOLUTION 676 AUTHORIZING PARTICIPATION WITH A MUNICIPAL COMMITTEE TO PRESENT AND NEGOTIATE THE COST OF PUBLIC HEALTH (Q) FINAL ACCEPTANCE OF WORK BY CITY WIDE FENCE COMPANY ON PINE ST. PARK FENCE PROJECT, AND SET 30-DAY RETAINAGE PERIOD (R) FINAL ACCEPTANCE OF WORK BY EDMONDS ROOFING COMPANY ON SOUTH COUNTY SENIOR CENTER REROOFING PROJECT, AND SET 30-DAY RETAINAGE PERIOD (S) FINAL ACCEPTANCE OF WORK BY KATHOL ROOFING COMPANY ON EMERGENCY ROOF REPAIRS AT ANDERSON CENTER (T) FINAL ACCEPTANCE OF WORK BY GEMINI ROOFING COMPANY ON EMERGENCY MEMBRANE REPAIRS AT EDMONDS LIBRARY 2. AUDIENCE 3. PRESENTATION OF UNITED WAY 1988 YOUTH RECOGNITION AWARDS 4. PRESENTATION OF COMMUNITY SERVICE AWARD TO WILLIAM A. WILSON ("BILL, THE BARBER") 5. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING CONDITIONAL USE PERMIT TO ALLOW ACCESSORY DWELLING UNIT AT 537 PARADISE LANE (APPLICANT: LOIS BLY/FILE CU-17-88) (APPELLANT: REINA AND HAROLD WELCH, ET. AL./FILE AP-9-88) 6. HEARING ON 6-YEAR TRANSPORTATION IMPROVEMENT PROGRAM, AND ADOPTION OF PROPOSED RESOLUTION 677 7. DISCUSSION ON IMPROVEMENTS TO 97TH AVE. W.. BETWEEN 216TH AND 219TH S.W. B. REVIEW OF STATUS OF PLANS FOR PAINE FIELD FUTURE 9. DISCUSSION AND APPROVAL OF AMENDMENT i5 TO CWC-HDR AGREEMENT 10. REVIEW OF CEMETERY EMPLOYEE STATUS 11. COUNCIL 12. MAYOR 13. EXECUTIVE SESSION - CONTRACT NEGOTIATIONS THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE (10 MINUTES) ( 5 MINUTES) (40 MINUTES) (20 MINUTES) (15 MINUTES) (20 MINUTES) ( 5 MINUTES) (15 MINUTES)