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04/15/1986 City CouncilTHESE MINUTES SUBJECT TO MAY 6, 1986 APPROVAL EDMONDS CITY COUNCIL MINUTES APRIL 15, 1986 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- Iute. PRESENT STAFF PRESENT Larry Naughten, Mayor Bob Alberts, City Engineer John Nordquist Peter Mahn, Comm. Svcs. Dir. Steve Dwyer Bobby Mills, Pub. Wks. Supt. Jo -Anne Jaech Steve Simpson, Parks & Rec. Mgr. Bill Kasper Jack Weinz, Fire Chief Laura Hall Dan Prinz, Police Chief Lloyd Ostrom Chris Beckman, Engineering Jack Wilson Mary Lou Block, Planning Div. Mgr. Cindy Browne, Student Rep. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten announced an Executive Session at the end of the meeting to discuss a legal matter. CONSENT AGENDA Items (D), (E), (F), and (G), were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, 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 8, 1986 (C) ADOPTED RESOLUTION 639 TRANSFERRING OLD COMPUTER SYSTEM TO EDMONDS COMMUNITY COLLEGE AUTHORIZATION FOR MAYOR TO SIGN RENEWAL AGREEMENT FOR FISHING PIER CONCESSION [ITEM (D) ON THE CONSENT AGENDA) COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM,, THAT ITEM (U) BE DISCUSSED AT THE ADMINISTRATIVE SERVICES COMMITTEE MEETING NEXT WEEK. Mayor Naughten inquired if there is a dead- line to sign the lease. Parks & Recreation Manager Steve Simpson said the contract can continue on a month -to -month basis as long as the concessionaire is in agreement. Mayor Naughten inquired when the existing contract expires. Mr. Simpson replied either April 18 or 19. MOTION CARRIED. AUTHORIZATION. FOR PIAYOR TO SIGN CONTRACT WITH WALKER & ASSOCIATES FOR AERIAL MAPPI.NG__($23,675 DIEM (E) ON THE CONSENT_A.GENUAJ and AUTHORIZATION. FOR MAYOR TO SIGN AGREEMENT WITH LOVELL-SAUERLAI4D_6 ASSOCIATES FOR SURVEY. CONTROL FOR AERIAL MAPPING., 510010T STEM (F) ON THE CONSENT AGENUAJ Coouncilmember Dwyer asked to discuss these two items together because they are related. With reference to Item (F), Councilmember Dwyer referred to the letter to Hydraulics Engineer Jerry Hauth from Lovell-Sa'uerland & Associates. I1°e said the offer is an estimate, and not a contract, to perform the work for $5,000 and references the possibility of an additional $1500 for work to be performed. Ile questioned: 1) if the City has a sufficient contractual arrange- ment to stay within the Budget; and 2) if there is an immediate time frame for doing the work; that is, is there an emergency for having it .done. Community Services Director Peter Hahn said the aerial mapping is necessary for the Storm Water Study. Councilmember Ostrom inquired if there were other bidders. City Engineer Bob Alberts said there was one other firm bidder from Oregon. Councilmember Jaech inquired who the bidder was. Mr. Alberts replied Chickering/Green Empire, Inc. Councilmember Kasper noted there was a preliminary estimate from a local firm. Mr. Hahn said the estimate was for the surveying only, which was more than double the bid which was selected. Councilmember Dwyer inquired if the Lovell-Sauerland bid is a firm bid. Mr. Alberts said one of the reasons Walker & Associates was selected is because of their existing mapping in and around Edmonds. He said they also have existing maps which can be substituted if certain areas are questionable. Mr. Alberts said Walker & Associates would not submit a quote for the surveying, but when the agreement is executed with the surveying company, it can be done for $5,000. City Attorney Scott Snyder said he has included in the contract that the amount is not to exceed $5,000 and excluded the vertical portions. Councilmember Dwyer inquired if the other bid included the vertical control. Mr. Hahn said it may have. He said the.reason Walker & Associates was selected is because the quality is better with practically guaranteed results. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMDER•HALL, TO APPROVE ITEM (E). MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (F) AT A FIGURE NOT TO EXCEED S5,000. MOTION CARRIED. *PROPOSED ORDINANCE 2561 EXEMPTING LESSORS OF ONE RENTAL UNIT FROM DEFINITION OF REGULATED BUSINESS IITEM G ON' HE CONSENT AGENDAI Councilmember Kasper inquired how non -owner occupied duplexes will be considered. City Attorney Scott Snyder said this issue will be enforced on a complaint basis, as the City does all other provisions in the Code. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, FOR PASSAGE OF ITEM (G). MOTION CARRIED, WITH COUNCILMEMBER KASPER OPPOSED FOR THE SAME REASONS HE HAD PREVI- OUSLY STATED. AUDIENCE Frances Murphy invited the Council and public to attend a Hazardous Waste workshop on April 26, 1986 at Edmonds Community College. Ms. Murphy said Edmonds will be faced with dealing with this difficult problem within the next year. She urged people to attend the workshop, even though it is held on a Saturday. Councilmember Jaech noted that Fire District N1 is going to have a special pickup on May 17. She recommended that the City become involved in a collection area for toxic waste. Roger Hertrich, 1020 Puget Drive, said he understood that registration for rental units would be required if. more than one unit is for rent. He questioned how the City would ascertain how many units were available in a business. Councilmember Ostrom noted that the Council passed a motion two weeks ago which required bed and breakfasts to register. Councilmember Nordquist noted that the City Attorney was not instructed to include that provision in the ordinance. Councilmember Ostrom inquired why an ordinance in- cluding that provision is not before the Council. City Attorney Scott Snyder said it was his understanding in listening to the discussion last week that the registration issue had been dropped out as part of the motion. He said he will include that provision in the ordinance if the Council desires. Councilmember Hall said the reason the motion was made was to address the Fire Marshal's concern regarding location and safety of these businesses Councilmember Nordquist noted that Councilmem- ber Wilson made a motion to include the registration requirement in the ordinance and it failed. Councilmember Hall asked Mr. Snyder what the most expeditious, but least expensive, way would be to reconsider this matter. Mr. Snyder said Councilmembers who voted on the prevailing side of this matter may move to reconsider.. He requested sufficient time to redraft the ordinance and instruction from the Council regarding the wording. Councilmember Ostrom noted that previous discussions addressed bed and breakfasts only. *See minutes of May 6, 1936. EDMONIIS CITY COUNCIL MINUTES Page 2 APRIL 15, 1986 Mayor Naughten recommended that this issue be placed on a future agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO PLACE THIS ISSUE ON THE MAY 1.3, 1986 AGENDA. MOTION CARRIED. Mayor Naughten closed the public portion of the meeting. PRESENTATION OF OLD COMPUTER SYSTEM TO EDMONDS COMMUNITY COLLEGE * Mayor Naughten read the presentation of the computer equipment into the record. Tom Nielson, President of the College, expressed his appreciation to the City for its consideration of the College's education and educational needs. lie said even though the system is several years old, the Computer Repair Program and Electronics Program can utilize the equipment for training, as well as members of the community. OVERVIEW BY DIRECTOR OF DISTRICT 15 PUBLIC EDUCATION FUND Maureen Pierre, Executive Director of .the District Fund, said Edmonds is one of five cities with- in the District boundaries. Other cities, such as Bellevue and Seattle, have set examples of endorsement. Ms. Pierre .introduced Dr. Mabel Chapman and Dave Earling, two of the trustees of the District 15 Public Education Fund. - Mr. Earling said it was Hal Reesby's vision which led to the establishment of the Fund. The program organized approximately seven months ago as a nonprofit organization, and approximately $20,000 has been raised in cash and in -kind services from various businesses and individuals around South County. The Board of Directors met with all twenty-nine schools in the District to inform them of the program and the Award Idea Grant. Teachers were asked to submit ideas that could be funded with a minimal amount of money that would support different classroom projects. Over seventy applica- tions were received, and twenty-nine grants were awarded, one to each school. Mr. Earling said the support from the faculty, students, and administration was overwhelming. Mr. Earling said the Board will be approaching all of the city councils in the school district to ask for their support and endorsement. Dr. Chapman urged the Council to give their "wholehearted support" to the program. She said the Board feels this is an avenue for the community to become involved with and to support education- al programs through contributions. Ms. Pierre said a 17.4 meter run, which is 55 feet, is scheduled on May 17 called the "Street Strut". The City of Lynnwood has authorized the partial closure of 184th Street in the morning.. The race will take place from the side of the street next to Lynnwood High School to the- side of the street next to Alderwood Mall. She said the Alderwood Mall Merchants' Association has endorsed the fund raiser. Wayne Cody, also, is very interested. Ms'. Pierre said a business man was so excited about the race that he pledged $1,000, and he is getting pledges from people. Ms. Pierre said people are really getting into the spirit of the race. One man purchased a black satin running suit for the occasion. An ambulance will be standing by; gatorade stations will be in position; marching bands will be parading; balloons floating; and Radio 123 will be present. The race qualifies for three world records with Guinness as the longest starting line, shortest race, and most number of first place winners. After the race, Ms. Pierre said survivors' awards. will be given, as well as prizes and drawings inside the Mall at the Courtyard. Ms. Pierre strongly urged people to buy the "T" shirts and to get pledges. She requested support and endorsement of the Public Education Fund from the Council. COUNCILMEMBER HALL MOVED; SECONDED BY COUNCILMEMBER WILSON, TO WHOLEHEARTEDLY ENDORSE DISTRICT 15 PUBLIC EDUCATION FUND. MOTION CARRIED. HEARING ON PROPOSALS FOR 7TH AVE. S., NORTH OF BIRCH STREET City Engineer Bob Alberts said in an attempt to address all concerns, Staff has identified three areas of concern: 1) speeding and safety; 2) blind hill with the jog; 3) parking. Mr. Alberts *See minutes of May 6, 1936 EDMONDS CITY COUNCIL MINUTES Page 3 APRIL 15, 1986 displayed a transparency and gave background information. Community Services Director Peter Hahn said Mayor Naughten learned of the traffic control program in Bellevue. As a result, Mr. Hahn said he talked to Bellevue officials and analyzed their traf- fic patterns and humps. (He described the "humps" differentiating them from speed "bumps".) The City of Bellevue conducted traffic counts and found the humps to be very effective. As an exam- ple, the average speed limit was reduced in a neighborhood from 41 mph to 23 mph. Councilmember Ostrom inquired if the humps were included in all of the recommendations by Staff. Mr. Hahn replied affirmatively, noting only if the street is opened. Mr. Alberts reviewed Table I as follows: * Speeding & Safety - install signing, reflectori.zed buttons, and traffic control humps * Blind Hill - widen the street at the jog * Parking - allowing parking in existing gravel shoulder (best option) Councilmember Ostrom commented that this is the first presentation that has addressed the prob- lems on 7th Avenue and is a better recommendation. Mayor Naughten also complimented the Staff in presenting the Council with excellent recommendations. Councilmember Wilson referred to Figures 5 and 6. He inquired if the jog exists because of the terrain. Mr. Alberts said the roadway could have been straiahtened. Councilmember I:esper in- quired if the asphalt is the same width as the concrete at. the jog. Mr. Alberts said the asphalt is approximately a foot wider. Councilmember Wilson inquired if the sidewalk could remain on the west side of the street adja- cent to houses 700 and 701 and continue the traffic. Mr. Alberts said that is another option, but it would cost an additional several thousand dollars. Councilmember Hall said that option would alleviate the .dangerous corner at Birch and 7th, which has not been addressed. Mr. Alberts said reconstruction is possible at that location at a minimal cost. He noted that the City does not have the right-of-way at the present time. Councilmember Hall inquired about the liability aspect if speed humps are installed. City Attor- ney Scott Snyder said any time deviation occurs, liability is increased, and the Council must review the potential for a problem versus the gain. Councilmember Hall said she was unsure about the installation of speed humps. Mr. Alberts said Staff is recommending a demonstration project of the humps to ascertain their efficacy. He said Councilmember Hall's concerns are identical to the cities of Kent, Auburn and Bellevue. However, the City of Edmonds can now benefit from the year and a half of experience and legal research the cities have conducted. He said the `ear of an accident possibly caused by a speed hump will be alleviated by diamond -shaped signs designat- ing the area as a special area with speed humps. Mr. Alberts compared the magnitude of the pro- posed humps with that of a bump in a commercial drive. Mr. Snyder said the City does have protec- tions not present in years past with the passage of the Tort Reform Act and the addition of com- parative negligence. Mr. Hahn added that the compelling factor to install the humps is the blind hill. Mayor Naughten opened the public portion of the hearing. Robert Marvin, 661 Birch, said he opposed oPening 7th Avenue. lie said when 7th Avenue was opened, the traffic became heavier and faster. Traffic from the ferry and people coming from Lynnwood started to use the road as a shortcut. Mr. Marvin said he had to resort to putting logs across his property to prevent cars from cutting across his property. Mr. Marvin said regardless of the options for 7th Avenue, his property will be highly impacted. If the roadway is widened, visitor parking will be removed from his property because of the fire hydrant. He requested that 7th Avenue remain closed until a suitable solution is reached for the entire neighborhood. Councilmember Ostrom asked where the fire hydrant is located. Mr. Marvin indicated its location on the map, as well as the location of the logs he had placed across his yard. Councilmember Ostrom inquired if the fire hydrant could be relocated. Mr. Alberts replied affirmatively. Councilmember Hall inquired if a parking space is available between the fire hydrant and the driveway. Mr. Marvin replied negatively. Councilmember .Hall inquired if he parked in his EDMONDS CITY COUNCIL MINUTES Page 4 APRIL 15, 1986 driveway. Mr. Marvin said visitors must park on the grass median. Councilmember Wilson inquired if he would have adequate parking if a curb and gutter were installed. Mr. Marvin replied nega- tively. Ron Dudeck, 1237 - 7th Avenue S., said he continues to represent that 7th Avenue should remain closed until such time as funds are available to straighten and eliminate the "suicide hill", remove the west side curb., and widen 7th Avenue South to conform with adjoining streets. Mr. Dudeck said he drove over the hump on Admiral Way. He said humps do loot, ominous, but he felt that a person's fears would be alleviated after driving over the humps one time. Mr. Dudeck said Figures 1•through 5 were unacceptable to him. He said with the proper signing, channel ization, etc., Figure 6 would be acceptable. He requested that the Council consider the residents of 7th Avenue.when making a decision. Merrily Hall, 631 Birch Street, spoke in favor of opening 7th Avenue. She said residents of Birch Street are also concerned about safety but would like access to the east. side. She said it would be nicer to not have to access Edmonds Way and infringe upon other neighborhoods. Ms. Hall requested that a speed hump be installed on. Birch Street to slow traffic from Birch Street to 6th Place South if humps are installed on 7th Avenue. Harold Fosso, 1219 - 7th Avenue S., said although he has lived in the Puget Sound area for many years, he is a newcomer to the City. He said because of the poor visibility on the crest of the hill at 7th Avenue, he would rather use. Elm Street for access to his home. Mr. Fosso said his specialty as an attorney is in tort liability. He said one of the problems of municipal liability is not only having to pay judgments, but being sued. Every time a city is sued, it incurs a defense cost, which is one of the reasons for the high cost of municipal liabil- ity insurance. Mr. Fosso noted that the City is presently and officially on notice that the roadway on 7th is highly hazardous, and the risk of legal liability is present. He said insurance premiums will not go down. Mr. Fosso strongly urged the Council to continue the closure on 7th Avenue. Barbara Jefferson, 704 Birch Street, said in hearing the discussion this evening, she was of the impression that people did not want 7th Avenue opened for personal reasons. She said, in her opinion, Staff has reached very acceptable alternatives of eliminating the problems. She spoke in favor of opening 7th Avenue. Mayor Naughten closed the public portion of the hearing. Councilmember Jaech inquired if buttons would be installed to delineate parking spaces on the east side of the street on Figure 6. Mr. Hahn replied negatively. Councilmember Jaech said she liked Figure 6. However, she felt the installation of buttons would provide a margin of safety for residents as well as direct traffic. Councilmember Hall expressed concern that lot 1241 is used as a turnaround when 7th Avenue is closed. She cautioned the residents that traffic speed increases with the widening of a street. She inquired how this issue will be addressed. Mr. Hahn said the anticipated increase in speed is the reason that speed humps and better signing are proposed. Councilmember Ostrom concurred that Figure 6 is acceptable if speed humps are installed. He said if the traffic issue is not resolved, the Council should consider closing the street again. He expressed concern that lot 6.61 should be considered in the planning to prevent cars from driving across the property and provide adequate parking spaces. Mr. Hahn said that would be provided. He noted that the cost of the project will be between $20,000-25,000 rather than $8,000-15,000. COUNCILMEMBER KASPER MOVED TO REOPEN 7TH AVENUE TO BIRCH STREET ADOPT FIGURE 3 AND ADD GRAVEL PARKING ON THE WEST SIDE AS INDICATED IN FIGURE 4; THE ONLY TRAFFIC CONTROL WOULD BE A LOCAL ACCESS SIGN ON 7TH AVENUE AND ACCESS FOR. MOUND AND TRAFFIC MOUNDS AT AN APPROPRIATE DISTANCE BEFORE THE MOUND TO THE NORTH AND SOUTH; MOUNDS TO REMAIN ONLY UNTIL SUCH TIME THAT THE LAND IS DEVELOPED TO THE WEST; EXPENSES WOULD INCLUDE $400 FOR SIGNS, $500 FOR CURB PAVING, $500 TO GRAV- EL THE SHOULDER, AND $500 FOR MOUNDS FOR A TOTAL OF $2,000. Councilmember Ostrom inquired if EDMONDS CITY COUNCIL MINUTES Page 5 APRIL 15, 1986 Councilmember Kasper was referring to humps when he said "mounds". Mr. Hahn said a hump is a distinction from a bump. Councilmember Kasper said he would refer to them as humps. THE MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ACCEPT FIGURE 6 WHICH INCLUDES WIDENING AND STRAIGHTENING THE ROAD, PROVIDE PARKING ON THE EAST SIDE, INCLUDING BUMPS AND ADE- QUATE PROTECTION FOR THE OWNER OF LOT 661. Councilmember Dwyer inquired if'Staff has identified a funding source for the proposal. Mr. Alberts said in order to utilize the Arterial Street Fund or Federal aid monies for the project, the City would have to amend the six year transportation program by putting this project in it and submit a prospectus to the State for approval, which would delay the project considerably. Mr. Alberts said lie was unsure if monies from the Council Contingency Fund were immediately available. Councilmember Jaech commented that she did not feel monies should be utilized from cash carryovers unless the expenditure is unforeseen or of an emergency -type nature or safety con- cern. She felt the safety issue on 7th Avenue warrants attention and recommended utilizing $15,000 in the Cash Carryover Fund. She inquired where the monies are located. Administrative Services Director Art Housler replied in the General Fund. Councilmember Dwyer asked how much money is in the Council Contingency Fund. Mr. HOUSler said the unappropriated amount is $61,115. MOTION CARRIED, WITH COUNCILMEMBER KASPER OPPOSED. COUNCILMEMBER DWYER MOVED, SECONDED BY COU.NCILMEMBER JAECH, TO TRANSFER THE CASH CARRYOVER RE- FERRED TO BY COUNCILMEMBER JAECH TO THE COUNCIL CONTINGENCY FUND TO FUND THE PROPOSAL. Council - member Jaech noted that the funds would first have to be transferred out of the Council Contingen- cy Fund to the appropriate fund. Mr. Housler concurred. Councilmember Nordquist recommended that a dollar amount be fixed. Mr.. Hahn said when the project goes out to bid, the Council will be provided with the precise amount for the project. Councilmember Kasper recommended that the funds be deferred until a new law becomes effective regarding latercomer's agreements for streets. He said the City is proposing to develop a 300 foot strip that would be the total obli- gation of the property owner. Councilmember Dwyer said that is acceptable to him. Mr. Alberts noted that the City has not acquired the right-of-way. Mr. Snyder said the latercomer's provi- sion will become effective in mid to late June. The law is basically a form of special assess- ment. Payment for the development would be deferred until the development of the property. Councilmember Dwyer asked to whom that would apply. Mr. Snyder said that would be determined when the law becomes effective. He said the project would be funded by City funds, and the as- sessed portion would be repaid when that property develops. Mr. Snyder said they could proceed with the project and pass on the proportioate amounts by means of the latecomer's agreement. Councilmember Kasper noted that the original motion does not include removal of the mound. Councilmember Nordquist inquired what the dollar amount is in the cash carryover. Mr. Housler replied $32,261. Councilmember Nordquist inquired if the total amount would be earmarked for the project. Councilmember Jaech replied negatively. Councilmember Nordquist asked why the total amount would be transferred, then. Councilmember Dwyer said the total amount would be trans- ferred to replenish the fund .to allow Staff to have better budgetary direction as the year pro- gresses. A ROLL CALL VOTE WAS TAKEN. THE MOTION FAILED, WITH COUNCILMEMBER DWYER, COU14CIL11EMBER JAECH, AND COUNCILMEMBER OSTROM IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER NOP.DQUIST, COUNCILMEMBEP, HALL, AND COUNCILMEMBER WILSON OPPOSED. Councilmember Hall recommended that this issue be discussed at the Administrative Services Commit- tee meeting. Councilmember Dwyer said fie felt it highly inappropriate for the Council to pass a plan and leave the funding source to the "whim" of a Staff member. Councilmember Nordquist noted that one Councilmember declared the proposal as an emergency, al- though the City Engineer has not. He said fie is willing to investigate the funding source, rath- er than derive it from the Council Contingency fund at this time. Councilmember Hall set this item for discussion on May 13, at which time the Staff will make recommendations for funding alternatives. The meeting recessed at 8:53 p.m. and reconvened at 9:02 p.m. EDMONDS CITY COUNCIL MINUTES Page 6 APRIL 15, 1986 HEARING TO REVIEW PLANNING BOARD RECOMMENDATIONS FOR H.O. HUTT PROPERTY Sherry Claussen, Chairman of the Planning Board,`s'aid the Planning Board took into consideration the short and long-term goals of the park when making its recommendation. The Board felt that the recommendations needed to be made in the context of overall costs and benefits to the citi- zens of Edmonds. Ms. Claussen reviewed the Board's recommendations as follows: 1) THAT THE SITE BE RETAINED IN A NATURAL STATE, AND INTERIOR ACCESS BE LIMITED TO PEDESTRIAN USAGE. Ms. Claussen said testimony from neighbors and friends clarified that this sentiment was shared by the Hutts. Neighborhood sentiment supported this issue, also. 2) THAT THE STRUCTURES OR IMPROVEMENTS BE FOR PUBLIC USAGE ONLY BUT NOT TO ELIMINATE THE IDEA OF A CARETAKER UNIT OR SOMETHING ON SITE TO PROVIDE SAFETY. Ms. Claussen said the Board did not feel it would be in the spirit and intent of a public facility to limit structures strictly for private usage. 3) TO ENCOURAGE LIMITED EXPANDED USE AND SOME METHOD OF .ENCOURAGING THE GENERAL PUBLIC RATHER THAN JUST THE IMMEDIATE NEIGHBORHOOD INTO THE SITE. Ms. Claussen said the Board felt the park has been perceived as a private residence and felt it necessary to replace that image and identify and develop the site as a park and encourage visitors while also respecting the carrying capacity of the site and surrounding residential neighborhoods. 4) EXPANDING THE EDUCATIONAL OPPORTUNITIES ON THE SITE. Ms. Claussen said the Park is often described in terms of its environmental benefits. The Park could provide experience in vegetation as well as wildlife. An arboretum was suggested.. 5) LOOKING TO IMPROVE SAFETY ON THE SITE WHICH WOULD INVOLVE THE HOUSES, DEAD TREES, SEWERS, FENCES, ETC. Ms. Claussen said although the Board acknowledged that the overall goal is to protect the resources, it also recognized concerns of health, safety, and liability. 6) (A) THAT THE EXISTING LARGE HOME, DUE TO ITS IMPROPER LOCATION AND EXPENSE TO RETAIN IT AS A HABITABLE STRUCTURE, BE ELIMINATED. THERE IS NO IMMEDIATE NEED TO REPLACE THE STRUCTURE. Ms.. Claussen said the visual impact of the location of the house is one of its major detriments and inappropriate in keeping with preservation and restoration of a native setting. She said maintenance of the house would be not cost effective. A more beneficial use of the park would be to commence development as a park, i.e., trails. The funds would be more appropriately spent for this usage. (B) THAT THE EXISTING COTTAGE BE RETAINED FOR A SHORT TIME (THREE TO FIVE YEARS) UNTIL THE NEXT COMPREHENSIVE PLAN IS COMPLETED (APPROXIMATELY FIVE YEARS). (C) THAT M114IMAL MAINTENANCE BE PROVIDED TO THE COTTAGE BECAUSE IT DOES PROVIDE ADEQUATE SECURITY AND U ES NOT IMPOSE ON THE PARK'S USAGE AS DOES THE LARGE STRUCTURE. However, Ms. Claussen said the Board felt major maintenance should not be done. (D) THAT "A LONG-TERM POSSIBILITY BE TO REPLACE THE EXISTING COTTAGE WITH SOME FORM OF CARETAKER UNIT BLENDING IN WITH THE CHARACTER OF THE SITE AND THAT THE CARETAKER BE PROVIDED WITH SPECIFIC FUNCTIONS IN EXCHANGE FOR A REDUCTION IN PENT. (E) THAT THE PARK BE PROVIDED SOME IMPROVED IDENTIFICATION (IDENTIFY THE SITE AND ITS CHARACTER). (F) THAT CLEANUP OF THE EXISTING STRUCTURES BE DONE IN A HOST SENSITIVE NATURE AND THAT A REFORESTATION PROGRAM BEGIN IMMEDIATELY UPON REMOVAL OF THE LARGE STRUCTURE. (G) THAT THE WELL LOCATED NEAR THE LARGE STRUCTURE BE TAKEN CARE OF TO INSURE SAFETY. Councilmember Ostrom said he felt the parking issue has not been addressed. He said parking is unavailable on the street, and the only space available is a driveway, which gives a feeling of intrusion. Ms. Claussen said the parking issue would be included in the master plan. The feel- ing was that the interior of the site should not be intruded upon, but that minimal parking could be provided in the existing cleared area. EDMONDS CITY COUNCIL MINUTES Page 7 APRIL 15, 1986 Mayor Naughten opened the public portion of the hearing. Dr. O.M. Sola, 18500 High Street, said his property borders the entire west side of the Hutt property. He said he was not notified of any of the previous hearings. Dr. Sola said he generally agrees with the recommendations of the Planning Board with the excep- tion of the house. He disagrees with the concept that the house does not psychologically blend in with the property. He said conversely, the caretaker unit is a utilitarian structure and does not look as though it belongs in a park setting. He disagreed very strongly that the house could not be repaired with a minimum expenditure. The house, he said, is an asset to the property, and the caretaker cottage would not provide adequate security. The house is a legacy and fits in nicely with the property. Dr. Sola said he felt the space would be utilized for parking if the house were removed, which was not the intent of the Hutts. Any proposed parking should be on the periphery, and appropri- ate parking would be on the east side. Dr. Sola added that the best solution at this time would be to consider the park on a short-term basis and invest a minimal amount of money into the house and maintain it, and then consider the lung -term goals. Or. Sola said at his age he does not even buy green bananas. Ray Martin, 18704 - 94th Avenue West, said he viewed the Hutt house issue as a tug-of-war between Mayor Naughten, Staff,. and the Planning Board as opposed to the neighbors and citizens in the area. Mr. Martin said during the time the Hutt house was vacant, vandalism occurred to the house as well as thievery and damage to the surrounding property. When 11r. Hennessey moved in, he refur- bished the home and made it habitable and protected the property. Mr. Martin inquired why a structurally sound, income -producing building should be torn down. He said he was not "buying" the reasoning that Mr. Hennessey was being evicted from the house for safety reasons. He said the estimate of $20,000 to repair the house was a "joke". He said an estimate will be given during the hearing. He noted that the City invested $8700 into the cottage subsequent to the rental to Linda Sullivan. Mr. Martin said the only reason he could fathom that the City desired to remove the house is "pure spite"; the City wants to get Mr. Hennessey .out of the house. He recommended: 1) that the park be kept in a natural state; 2) limitation on tree cutting. Cut trees should be left on the ground to serve as nurse logs; 3) retain the house and make only necessary repairs, i.e., roof, sewer, and electrical; 4) utilize the current tenant's "do-it- yourself" attitude; 5) retain the cottage and repair the roof immediately; 6) deduct a portion of the tenants' rent for surveillance duties of the property. $350-375 rental for the house with $100 for surveillance duties, and $250 for the cottage with $50 for surveillance duties; 7) re- pairs to both structures should be maintained on a routine basis until the status is determined by the Council; and 8) hire a new property manager for Hutt Park. Dan Scully, 22002 Highway 99, said he has been in the construction trade all of his life. He has a general contractor's license with the State of Washington and has worked for Altron Electric. Mr. Scully said he has known Mr. Hennessey since 1979. He recalls visiting the house, which was in a total state of disrepair at that time. lie said Mr. Hennessey sought his advice on many occasions and proceeded with the repairs. Mr. Scully said had it not been for Mr. Hennessey's efforts, the house would not be an asset today, and the City would not have an income -producing structure. Mr. Hennessey had a dream and nostalgic value for the house. Mr. Scully said to destroy the house with its present value would be senseless. Mr. Scully said he recently checked the foundation, and there were no problems at that time. The insect infestation which was once prevalent has been eliminated. The house, he said, is structur- ally sound. Mr. Scully said the estimate to replace the roof at $3500 is reasonable. EDMONDS CITY COUNCIL MINUTES Page 8 APRIL 15, 1986 James Hennessey, 9309 - 187th S.W., said the feeling that people are intruding is a legitimate concern. He recommended that the City install a sign by the garage that says, "Welcome to Hutt Park. This house is the property of the City of Edmonds". Mr. Hennessey read a speech he prepared into the record which proposed that the City take advan- tage of the Hutt legacy by holding an open -house presentation during Edmonds Art Week. Mr. Hennessey said he would be willing to work with the City in formulating a tour program on select- ed days. He also proposed that he and the City work together in malting Edmonds the cultural envy of South County. Donn Wells, 9137 - 186th Pl. S.W., expressed his appreciation to the Planning Board and other people who have spent many hours considering this issue. Ile said it is a good example of democra- cy at its best and at its worst. Mr. Wells said he believes most people agree with the Planning Board's recommendations. However, he said most people are in disagreement regarding removal of the house. If anyone were individu- ally responsible to make the decision to demolish the house, it would not be torn down. The house, he said, is part of the history of the community. Linda Sullivan said she has lived at 9315 - 187th St. S.W. for the past year, which is the cot- tage in Hutt Park. She said she has worked under a personal services contract with the City of Edmonds since 1982 to perform certain park planning and landscaping design services. Ms. Sulli- van said she is very familiar with park planning in the City because she has devoted approximate- ly three -fourths of her time with the City since 1982. She expressed concern regarding the accusations towards the Parks & Recreation Department. Ms. Sullivan said this is the first time she has spoken at a City Council meeting, and she speaks on her behalf only. Ms. Sullivan said Hutt Park became the focus of attention last December when the tenant of the house was asked to leave while the City made certain decisions. She said she was not involved in any discussions or decisions which led to the eviction notice Mr. Hennessey was given, but was involved immediately afterwards. She said the accusations of preferential treatment, feather nesting, etc., were hard to take seriously because it is standard practice in the business of managing parks facilities to rent park dwellings to City workers in exchange for rent and returned services. This practice is followed by at least eighteen parks divisions in the State. She said the accusations "go with the territory", and it is impossible to have parks and not have controversies because parks in- volve very high profile pieces of public land where the public has every right to claim ownership. and involvement in the planning process. Ms. Sullivan stated that she felt the Parks & Recrea- tion Department has not ducked and has been very aggressive in involving the public in all of its decisions. Ms. Sullivan said a City representative is like a retail clerk in that they cannot engage in arguments at a level in which citizens do, and this posture explains the silence which is often a part of the discussions and issue. Diane Pruitt, 18601 _ 92nd Avenue West, said she grew up living at 9209 - 187th. She said her father knew Mr. Hutt for thirty years, and some of the comments that were made tonight would have infuriated him. Her father owned the land and granted permission to the boys who rode their dirt bikes on the east side of the property. Ms. Pruitt said she, as well as others, do not feel comfortable utilizing the park as long as someone is residing in the house. As a child she remembers the Hutts were very concerned and involved with animals. Since the occupation of the house, all of the animals have disappeared. She said she attended the meetings and feels the Planning Department has done a good job. She mentioned that Mr. Martin did not attend the other meetings and questioned why he waited until this evening to voice his opinion. Mayor Naughten closed the public portion of the hearing. Councilmember Nordquist said he was a member of the Council at the time Hutt Part: was deeded to the City. He said he has some memories of the Hutt family and realizes the importance of the EDMONDS CITY COUNCIL MINUTES Page 9 APRIL 15, 1986 Park to the City. Councilmember Nordquist said he has reviewed the recommendations of the Plan- ning Board and feels comfortable with them with the exception of Item 6-A. Councilmember Ostrom said he also disagrees with Item 6-A, and is unsure of Items 6-B and C. He said if the cottage is retained, it should also be maintained. Councilmember Ostrom expressed concern that: the recommendations do not specify parking, and park- ing should be considered oil the east side of the property. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ACCEPT RECOMFiENDATIONS 1 THROUGH 5 AND 6-B THROUGH G. MOTION CARRIED. Councilmember Hall said she voted in 'favor of the recommendations on a short-term basis. She Said the parking issue needs to be addressed. She noted that vandalism would prevail in the park if the structures were not occupied. Councilmember Hall added that the. Council, at some time in the future, should address its philosophy on parks. Councilmember Dwyer said he voted in favor of the motion because the rents for the two dwellings will reflect their appropriate market value. And if one or both are improved, the City will charge a fair rate. Mayor Naughten noted that Staff will present costs for improvements, remodel- ing, etc., for the house to the Council and also reappraise the house based on the improvements. Councilmember Wilson recommended that the estimates to repair and maintain the house be realistic. Councilmember Ostrom recommended that people be made aware that they are welcome in the park. The park, he said, was designed to keep the public out so it must be redesigned. He suggested that three parking spaces be installed. MAYOR Mayor Naughten noted that a candidate will be intervievied for the Planning Board. He inquired if the interview could be scheduled on April 22nd from 6:30 to 7 p.m. After discussion, the inter- view was scheduled on May 6th. Mayor Naughten announced that the Youth Activity Board held an "All High Dance" on April 12 and was able to pay back the $520 advance from the proceeds. They made a $510 profit. The dance was attended by 350 students. Mayor Naughten adjourned the meeting at 10:03 p.m. COUNCILMEMBER DWYER MOVED, SECONDED BY COUN- CILMEI4BER HALL, TO REOPEN THE MEETING. MOTION CARRIED. The Mayor also announced the "Clean Up, Recycle Beautification Week" on April 14 through the 18th in the City of Edmonds. In conjunction with that, the week following is the "Annual Spring Clean Up Week" by the State of Washington. Mayor Naughten said the Larry Nelson Day KOMO Mobile Station had a small but enthusiastic turnout in downtown Edmonds. Mayor Naughten reminded the Council and public of the Westgate Townhall meeting on April 29th from 7 to 9 p.m. at Woodway High School. COUNCIL COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO EXCUSE COUNCILMEMBER DWYER'S AB- SENCE LAST WEEK. MOTION CARRIED. Council President Hall announced that Larry Nelson was crowned honorary Council person. Council President Hall reported that the meeting regarding the ferry signalization and related issues had a total turnout of 23 people. She said they overlooked the fact that the post office is looking for a new site on the waterfront. She.recommended that the post office and Burlington Northern Railroad be invited to attend future .meetings. Councilmember Wilson inquired if ticket takers attended the meeting. Council President Hall replied negatively.. Councilmember Jaech .referred to the letter from. the City of Mountlake Terrace regarding the pas- • sage of .an ordinance. which will fine people $350 or incarceration of 90 days for feeding the EDMONDS CITY COUNCIL MINUTES Page 10 1 . APRIL 15, 1986 ducks. Council President Hall said slip spoke with the Game Department and another former Council person regarding this issue. Councilmember Ostrom recommended that if this issue is to be dis- cussed with Mountlake Terrace it be in the form of a joint public hearing. Councilmember Wilson questioned the purpose of the hearing. Councilmember Ostrom said if the City is going to meet with Mountlake Terrace, .he would prefer that it be in the form of a hearing. Council President Hall said she will meet with Mayor Anderson and Bob White to discuss this issue. Councilmember Ostrom inquired about the Council Retreat agenda. Council President Hall said it will be available next week. Councilmember Ostrom asked who Larry Nelson is. Mayor Naughten said he is a disk jockey for the KOMO Radio morning show. The meeting recessed to Executive Session at 10:14 p.m. for thirty minutes to discuss a legal matter. ACQ ELINE G. P RRETT, City Clerk LARWf S. f (P, 11 EDMONDS CITY COUNCIL MINUTES Pace 11 APRIL 15, 1986