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02/05/1991 City CouncilfHESE MINUTES SUBJECT TO FEBRUARY 19, 1991 APPROVAL EDMONDS CITY COUNCIL MINUTES FEBRUARY 5, 1991 (SPECIAL MEETING) A special executive session of the Edmonds City Council was called to order at 6:30 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds and the regular meeting convened at 7:20 p.m.. All present joined in the flag salute. PRESENT Larry Naughten, Mayor John Nordquist, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember Kristen Hughes, Student Representative STAFF Mary Lou Block, Planning Div. Mgr. Bob Alberts, City Engineer Gordy Hyde, Engineering Coordinator Bobby Mills, Public Works Supt. Dan Prinz, Police Chief Gary McComas, Fire Marshal Peter Hahn, Comm. Svc. Director Aevilla Ohlde, Parks & Rec. Mgr. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Nordquist and Councilmember Kasper left the meeting at 10 p.m., but Councilmember Kasper returned at 10:30 p.m. CONSENT AGENDA Item (F) was removed from the Consent Agenda and placed at the end of the regular agenda. COUN- CILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE BALANCE OF THE CON- SENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF JANUARY 29, 1991 (C) AUTHORIZATION FOR MAYOR TO SIGN TRAFFIC ENGINEERING SERVICES AGREEMENT WITH BELL WALKER ENGINEERS FOR PERIOD JANUARY 1, 1991 TO DECEMBER 31, 1992 (D) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH KROESEN'S, INC., FOR POLICE UNIFORMS a�(E) AUTHORIZATION TO SELL SURPLUS VEHICLES AT THE CITY OF EDMONDS SEALED BID AUCTION P.Pa 1AZ11- (G) APPROVAL OF LEASE AGREEMENT WITH GAY SHOOK FOR PUBLIC GARDENING PROJECT PROPERTY (H) APPROVAL OF CABARET DANCE LICENSE FOR BARRIO FIESTA RESTAURANT AT 23031 HIGHWAY 99 C-) ADOPTED RESOLUTION 713 COMMENDING PLANNING DEPARTMENT MANAGER MARY LOU BLOCK ) ADOPTED RESOLUTION 714 COMMENDING PUBLIC WORKS SUPERINTENDENT BOBBY MILLS -•, PRESENTATION OF RESOLUTIONS OF COMMENDATION TO MARY LOU BLOCK AND BOBBY MILLS (��''"" , Mayor Naughten read Resolution 714 commending Public Works Superintendent Bobby Mills for his long and distinguished and tireless service with the City of Edmonds. Mayor Naughten wished him r enormous good will in his retirement. He presented Mr. Mills with the resolution. ,�_/� „ mayor Naughten read Resolution 713 commending Planning Division Mary Lou Block for her long and distinguished service with the City of Edmonds. Mayor Naughten extended his best wishes to Ms. Block in her employment with the City of Everett. He presented Ms. Block with the resolution. AUDIENCE Mayor Naughten opened the audience portion of the meeting. *See Council Minutes 2-19-91, pl Don Stay, 715 Sprague St., Chairman of the Planning Board and Parks Commission, said the Commis- sion do not question the value or need of a covered pool at Yost Park, but they are concerned about: 1) a decision to proceed based on the technical evaluation to date, and depth of citizen involvement seems premature; and 2) proceeding without the Planning Board/Parks Commission thor- ough evaluation and consequent recommendation removes the citizens' safeguard of an impartial and nonpolitical step in the process of making a decision on a public resource --a park. Mr. Stay said the Commission feels the Council has not secured the evaluation of a qualified expert in this field, which is so necessary to evaluate a $170,000.capital investment and operat- ing costs. He noted that the facility will have to compete on a fee and facility basis with easily available, high -quality sports facilities in adjacent communities. He said the Commission was concerned that Yost Pool could conceivably become a band -aid package of less quality in both site location and facility than the citizens of Edmonds desire and deserve. Mr. Stay conveyed the Commission's disappointment that the Council has chosen to ignore the ad- vice and experience of the Planning Board. On behalf of the Commission, Mr. Stay again offered to conduct an impartial review of the Yost Pool concept, employing qualified consulting resources and then provide a recommendation to the Council. He said the Council can then, as it does with all recommendations, apply their expertise and political sensitivity in arriving at a final deci- sion. Mr. Stay submitted copies of his letter to the City Clerk for distribution to the Council. Council President Palmer said he strongly believed the Planning Board should have been involved in the process from the onset. He said it may be a mistake to look at the decision to cover Yost Pool without taking into consideration other park improvements or other capital needs. He was hopeful that the Council would reconsider their position about not sending the matter to the Planning Board Parks Commission for review. Councilmember Nordquist requested Mr. Stay to make available the Commission's five-year park plan to the Council on February 19 when the pool cover will be discussed again. Dick Van Hollebeke, 580 Hemlock Way, said he is a daily swimmer and an advocate of a pool cover at Yost Pool. Mr. Hollebeke noted that the pool programs alone in Lynnwood and Mountlake Terrace draw between 200,000 to 300,000 uses per year. Mr. Hollebeke said he would like his tax dollars to be used wisely, and he requested the Council, Planning Board, and any other body that should be involved in the decision to cover Yost Pool to proceed with due haste so that the pool can be covered by September and used throughout the months it would normally be closed. Mr. Hollebeke said the cost to cover the pool and expand the use from three months to year-round use, in comparison with the cost of the entire facility, is relatively minor. He noted that the fabric of the pool cover is guaranteed for ten years, and the City can, at the end of the ten year period, evaluate whether to expand the pool to a pavilion -type facility. He said he could substantiate that the cost would be far less expensive to operate than the Council would think. Robert Ahlbeck, 731 Brookmere Dr., thanked the Council for the improvements to Shell Creek Ba- sin. He said he lives near the Unnamed Stream and during last week's rain storm, the stream did not flood the meadow between his property and his neighbor's property. Councilmember Kasper cautioned Mr. Ahlbeck that the stream was at approximately 5% capacity at that time but is usual- ly at 75% capacity and will, in all likelihood, never be that low again. HEARING ON HEARING EXAMINER'S RECOMMENDATION REGARDING PROPOSED AMENDMENT TO THE OFFICIAL STREET FRP TO VACATE 5 FEET OF EXISTING50 FEET RIGHT-OF-WAYN PL. 41 3 ti IL BE S N PL. ST-2-90/ ER ABRAMS Planning Division Manager Mary Lou Block said the issue was brought to Staff's attention when Albert Abrams constructed a brick wall on both sides of his entryway within the City right-of- way. She said he was advised that the wall would either have to be relocated, he would have to obtain a street use permit, or he would have to obtain a vacation of the right-of-way. Councilmember Dwyer inquired if the City would fund the cost to relocate the utilities from the compensation that is received for the right-of-way vacation, if approved. Ms. Block said it could be accomplished in that manner. She recommended that City crews perform the work. EDMONDS CITY COUNCIL MINUTES Page 2 FEBRUARY 5, 1991 Ms. Block pointed out the location of the proposed vacation on the Official Street Map, noting that the area that is requested to be vacated is 25'x68.71'. She said Beeson Place is a dead-end road, and the residents of lots 11 and 12 do not access their property from Beeson Place. Councilmember Hertrich inquired if lots 11 and 12 are capable of being subdivided. Ms. Block said she did not know without checking the dimensions of those lots. Councilmember Hertrich was concerned about access to those lots if they were subdivided in the future. Councilmember Hertrich inquired if Engineering has required a turnaround at the end of Beeson Place. Ms. Block replied negatively. She said Engineering has requested that the pavement be improved in front of Mr. Abram's house with a more defined access to the south to mitigate any sight obstruction. Councilmember Dwyer inquired if Mr. Abrams had indicated to the Hearing Examiner a value for the right-of-way that he was willing to pay other than the assessed value of $8,416. Ms. Block said Mr. Abrams believes the right-of-way should not be assessed as waterfront property. She noted that the assessed value was based on the formula in the code. City Attorney Scott Snyder stated that the Hearing Examiner only makes a recommendation to the Council with regard to whether compensation should or should not be required, but the Council makes the ultimate decision in that regard. Mayor Naughten opened the public portion of the hearing. Albert Abrams, 24123 Beeson P1., applicant, said the brick wall is three feet in height. Mr. Abrams said it would be difficult to construct a turnaround on Beeson Place because there is an existing telephone pole in the middle of the right-of-way adjacent to lot 15. Mr. Abrams said he would be willing to compensate the City to relocate the water meter and for any repairs to the road and for the vacated right-of-way, but he objected strongly to being as- sessed waterfront value for a parcel that serves as a driveway. Mr. Abrams noted that the City erected a six foot fence within the last several months across the right-of-way along the southern boundary of lot 15 to the lake to dead-end Beeson Place. Mayor Naughten closed the public portion of the hearing. In response to Mayor Naughten, Mr. Snyder said the City Council passed an ordinance several years ago•which created the presumption that the value of a parcel is worth the same value as the prop- erty on which it lies. He noted that the brick wall would have to be removed if the vacation request were not approved. Mr. Snyder recommended that the Council include a clause in the vaca- tion ordinance which nullifies the vacation if full payment is not received within ninety days. Because the Council wished to desist on enforcement action on the fence while information is being obtained on the value of the right-of-way and not commit to the vacation, Mr. Snyder sug- gested that the hearing be continued and that the Council instruct Staff to ascertain what other properties in the area are assessed without waterfront footage, and give the applicant an opportu- nity to seek an appraisal of the right-of-way. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONTINUE THE HEARING TO APRIL 2, 1991 TO HAVE EVIDENCE OF VALUE COMPARISON BROUGHT TO THE COUNCIL. MOTION CARRIED. HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING LOCATION OF SERVICE CLUB SIGN 9 B-104-90 -2 - ; APPELLANT: NATALIE SHIPPER- Councilmember Dwyer noted that he is a member of one of the applicant groups and chose not to participate in the hearing process. He noted that different rules govern participation on item #6 (consideration of request for City participation in cost of service club signs) and he wished to participate in that decision. City Attorney Scott Snyder stated that under section 20.60.065, the Architectural Design Board (ADB) approves the design of a sign, but the location of a sign is a Council decision. Council - member Palmer noted that there was no purpose in appealing the ADB decision, then. Mr. Snyder said Staff approved the sign, however, and Staff's decision is appealable to the Council. He said the Council may wish to consider the matter in order to expedite it. EDMONDS CITY COUNCIL MINUTES Page 3 FEBRUARY 5, 1991 Planning Division, Manager Mary Lou Block reported that on November 7, 1990, the ADB approved a plan for two service club signs, one to be located at SR-104 and Paradise Lane and the other at 9th Avenue and Puget Drive. Subsequent to approval, Natalie Shippen appealed the decision of the ADB, specifically in regard to the location of the sign at .9th and Puget. Ms. Block noted that Ms. Shippen's letter clearly states her objections to the location of the sign. Ms. Block said a number of concerns were stated by the Parks Division in their comments to the ADB, which are reflected in the ADB minutes and included in the Council packets. Ms. Block reviewed a rendering of the proposed sign, noting that it is 85" across and 6'9" in height. She pointed out the location of the proposed sign at 9th Avenue North and Puget Drive in the west -most planter. Councilmember Hertrich inquired if the proposed location was selected because of a requirement for landscaping. Ms. Block said she was unsure why the proposed location was selected. She noted, however, that the ordinance does not require landscaping. In response to Councilmember Hertrich, Engineering Coordinator Gordy Hyde said he reviewed the ADB application and approved the proposed location. Councilmember Hertrich inquired if he was aware of the dimensions of the sign in question. Mr. Hyde said he was under the impression that it would be smaller than indicated in the rendering. Councilmember Kasper inquired if visibility would be impaired for the second car coming out of Sound View Drive if the sign were placed at 9th Avenue and Puget Drive. Mr. Hyde replied nega- tively. Mayor Naughten opened the public portion of the hearing. Tom Snyder, 2804 - 182nd Pl. S.W., applicant, said the service club members were hopeful that the Council would approve the proposed locations of the signs. He said they have done everything to meet Code requirements and to produce aesthetically appealing signs that will be a nice addition to the community. Mr. Tom Snyder said the sign at the proposed location of Puget Drive and 9th Avenue North could be reduced by eight inches. Councilmember Hertrich noted that the ADB required landscaping at the base of the sign. He in- quired if the proposed location was selected because of that requirement. Mr. Snyder replied negatively. He said Staff recommended the proposed location because the sign will not obstruct visibility at that location. Natalie Shippen, 1022 Euclid, was opposed to placement of the sign at Puget Drive and 9th Avenue North. Ms. Shippen noted that the sign in question was disapproved on two occasions by the ADB and by Staff. Ms. Shippen believed that it was always assumed that landscaping would be required at the base of the sign in question which, in her opinion, was the real issue. She noted that the sign is 49 square feet and requires 49 square feet of landscaping, but there is no place along 196th where that amount of landscaping could be provided. She recommended that the Council waive the land- scaping requirement and locate the sign at one of the two locations that the ADB recommended: the Rock 'N Gem Club at the top of 196th, or in the neighborhood business zone at the corner of 76th and 196th. Mr. Tom Snyder said the area near the Rock 'N Gem Club was not feasible because there is a danger- ous curve in that vicinity, and he believed there were problems with locating the sign in the business zone, as well. Councilmember Wilson inquired if consideration was given to placing the sign across from the Methodist Church on Caspers Street and 8th. Mr. Tom Snyder said that location was considered but there is a crossing at the church. Councilmember Wilson said he was comfortable with the pro- posed location of the sign if Engineering felt it was safe. Councilmember Hertrich said there is a history of traffic accidents at 9th Avenue and Puget Drive because of the degree of the curve. He was concerned with the safety of pedestrians if the sign were placed at that location. He noted that the maximum height of fences along the property line is only allowed to be 4 feet.. Mr. Tom Snyder reminded Councilmember Hertrich that Mr. Hyde had stated that the proposed sign would not create a sight obstruction. With regard to EDMONDS CITY COUNCIL MINUTES Page 4 FEBRUARY 5, 1991 Councilmember Hertrich's concern for pedestrian safety, Mr. Tom Snyder said a vehicle will al- ready have commenced to straighten as it approaches the proposed sign and, in addition, pedestri- an traffic has a tendency to walk down 9th Avenue toward the Driftwood Theatre. Councilmember Palmer inquired if there would be full value to placing the sign at the proposed location when considering that drivers' attention would be diverted to traffic signals and to staying in their lane. He inquired if the location just before the proposed location but after the Page Realty office was considered. Mr. Tom Snyder said that property was not seriously con- sidered because it belongs to the condominium. He added that the service clubs were interested in appealing to traffic that travels along 9th Avenue North. Councilmember Jaech said the greenbelt area by the condominium is along a straight portion of the roadway. She thought it may be beneficial to speak to the owner of the condominium, and it would alleviate the Council's concerns if the sign were placed in that location. Mayor Naughten closed the public portion of the hearing. Councilmember Kasper recommended that a sheet of plywood comparable to the proposed sign be placed at 9th Avenue and Puget Drive on an experimental basis while other locations are under review to determine if a sight obstruction will be created. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH FOR DISCUSSION, TO PLACE A SHEET OF PLYWOOD COMPARABLE TO THE PROPOSED SIGN AT THE CORNER OF PUGET DRIVE AND 9TH AVENUE NORTH WHILE * OTHER LOCATIONS ARE UNDER REVIEW, AND DEFER THE COUNCIL'S DECISION. * Councilmember Jaech inquired if the greenbelt area adjacent to the condominium would be consid- ered. Councilmember Kasper replied affirmatively. Councilmember Wilson said he would acquiesce to the motion if a time limit was set. Council President Palmer inquired if two weeks would be sufficient to review any problems. Mr. Hyde replied affirmatively. COUNCILMEMBER KASPER INCLUDED IN HIS MOTION FEBRUARY 19 AS THE DATE THE COUNCIL WOULD NEXT CONSIDER THE MATTER. THE SECONDER OF THE MOTION AGREED. Councilmember Hertrich suggested that Staff look at alternative locations closer to the entrance to the City and that the City waive the landscaping requirement for alternate locations, if neces- sary. Council President Palmer clarified that the only issue before the Council was the location of the sign and not the design of the sign or landscaping. MOTION CARRIED. City Attorney Snyder clarified that the design and location of the sign proposed at SR-104 and Paradise Lane was approved. CONSIDERATION OF REQUEST FOR CITY PARTICIPATION IN COST OF SERVICE CLUB SIGNS COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO DISCUSS THE ISSUE ON FEBRUARY 19TH WHEN THE LOCATION OF THE SERVICE CLUB SIGN WAS DISCUSSED. Councilmember Palmer said he was prepared to vote on the issue because it was separate and apart from the location of the sign. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, COUNCILMEMBER KASPER AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER PALMER AND COUNCILMEMBER WILSON OPPOSED. The meeting recessed at 8:45 p.m. and reconvened at 8:50 p.m. REPORT AND PUBLIC HEARING ON CLOSURE OF 238TH PLACE Engineering Coordinator Gordy Hyde stated that Staff was approached by many people in the neigh- ,t•borhoods of 238th Street Southwest, 238th Place Southwest, and 78th Avenue West during the summer r�of 1990 because of the volume and speed of vehicular traffic through the area. As a result of their complaints and concerns, load limit signs were placed at 238th Avenue West, east of Highway 99 at approximately the change in zoning, and also on 238th Place, west of 76th Avenue, limiting truck traffic to 5 tons. Mr. Hyde said the signs were ineffective largely because of the inabili- ty to enforce the restrictions in the area. *See Council Minutes 2-19-91, pl EDMONDS CITY COUNCIL MINUTES Page 5 FEBRUARY 5, 1991 Mr. Hyde said at the conclusion of the public hearing on October 16, 1990, the Council directed Staff to erect a barricade at 238th Place Southwest for a period of 90 days. After the 90.day period, an assessment would be made by Staff and neighbors. Mr. Hyde said the barricade was installed on November 1, 1990 and additional traffic counts were taken in November and December of 1990 and in January of 1991. Comparing the latest traffic counts, he said the volume has decreased from 1,464 to 661 on 238th Street Southwest and from 510 to 483 on 240th Street Southwest. The traffic on the 78th Avenue West alley increased northbound from 51 to 204 and decreased southbound from 256 to 200. Mr. Hyde said it was determined by a license plate count that approximately 128 of the trips on 238th Street Southwest and the alley are due to through traffic outside the area using the signal at 238th Street Southwest and SR 99. The through traffic at the alley consisted of 71 cars southbound and 57 cars northbound. Mr. Hyde said the closure has decreased the daily traffic on 238th Street Southwest by approxi- mately 55%, which is very substantial, even with the outside through traffic. If the signal at 238th Street Southwest were relocated to 236th Street Southwest, he said the traffic on both 238th Street Southwest and the alley would be reduced further. Mr. Hyde noted that the reloca- tion of the signal is currently under review by the City's consultant, Bell -Walker Engineers. Mr. Hyde said the alley (78th Avenue West) needs to be widened if it is continued to be used for two-way traffic or should otherwise be designated one-way. If made one-way, Staff recommends the direction be southbound. Mr. Hyde said the City received 43 positive responses and 11 negative responses to the closure. He reviewed Exhibit "B" in the Council packets, which depicted the location distribution of those responses. Mr. Hyde said there appears to be a direct correlation between the through traffic and the signal at 238th Street Southwest, with or without the closure at 238th Place Southwest. Since the sig- nal at 238th Place Southwest is under review, Mr. Hyde said Staff recommends the closure stay in place on a temporary basis until a decision is made on the signal and also recommends that the alley be made one-way southbound until improvements are made. Mr. Hyde said the streets, including the alley, will be disturbed this spring and summer with the installation of new water pipelines in the study area. Mr. Hyde said it is the recommendation of Staff to designate the alley one-way southbound and to continue the closure of 238th Place Southwest until a formal decision of the 238th Street South- west signal is made. Mr. Hyde noted that the barricade was removed two or three days after the most recent snow storm to allow access to residents in both directions. He said there may be the need for a gate if a permanent barricade is put in place. Mr. Hyde said there was some concern regarding the traffic on 78th Avenue (the alley) north of 238th Avenue and 236th Avenue because of the narrowness of the roadway and limited sight distance. Mr. Hyde said people who were opposed to the barricade had suggested the use of signage, speed bumps, a traffic circle at the intersection where the barricade is, and stricter enforcement of existing laws. Mr. Hyde read a memorandum from Police Chief Dan Prinz recommending that a comprehensive study be conducted of the Ballinger area before permanent closure and traffic devices are purchased and put in place. Ted Bell, Bell -Walker Engineers, 914 - 140th Ave. N.E., Bellevue, said a license plate origin - destination survey was conducted in the area after the barricade was erected and revealed that 9 vehicles passed through the neighborhood from 7 a.m. to 9 p.m. and 17 vehicles from 4 p.m. to 6 p.m. Mr. Bell said there has been a substantial reduction in traffic on 238th and some reduction in traffic on 236th, but there has been an increase in traffic in the alley. Mr. Bell said Bell -Walker is looking at the possibility of relocating the signal at 238th Avenue to 236th Avenue. It was Bell -Walker's recommendation to leave the barricade in place until they can complete their analysis and review of the total arterial street system in the area. Mayor Naughten opened the public portion of the hearing. EDMONDS CITY COUNCIL MINUTES Page 6 FEBRUARY 5, 1991 Alora Stout, 19803 - 81st Pl. W., was opposed to the barricade. Ms. Stout questioned what rights any group of homeowners have to close a long-established through street. She said if those homeowners desired the privacy of a dead-end street, they should have bought a home at the end of a cul-de-sac. Ms. Stout said selectively closing a street only dis- places the traffic burden to a neighboring street and "doesn't get rid of the traffic". Ms. Stout said the closure of 238th Place has forced people to access the area via 78th Avenue, which has put a strain on that road because it was not designed to accommodate two-way traffic. Ms. Stout believed the City of Edmonds and surrounding homeowners would be liable if someone were to die prematurely en route to the hospital because immediate access to Highway 99 has been de- nied to emergency vehicles. Roy Little, 23819 - 78th Ave. W., spoke in favor of the barricade. Mr. Little said there is no easy access from east to west on Highway 99 from 205th to 224th. He said it was his understanding that the light at 238th Avenue was put in place to accommodate traffic in and out of the former Doces store. He suggested that the barricade remain in place until a plan could be devised to modify the Highway to resolve the issues. Bill Jaquette, 23900 - 80th Pl. W., spoke in opposition to the barricade and asked that it be removed. Mr. Jaquette said the alley is very narrow, and it is difficult to pass another vehicle. He submitted three photographs to the City Clerk (marked Exhibit 1). Mr. Jaquette said a car traveling in the alley from 236th is not visible to another car traveling in the opposite direction until it is within 120 feet. According to State Patrol statistics, he said it takes a driver between 1 to 2 seconds to react, and driving at 20 miles an hour, the 120 foot distance is reduced, at a minimum, to 60 feet. Mr. Jaquette felt the quality of his home and his neighbors' homes is affected because of the limited access to the neighborhoods. Mr. Jaquette submitted three additional photographs to the City Clerk (marked Exhibit 2) of the western border of the alley and the backyards of the homes in the alley. He said the yards are very messy, and it was a very unpleasant route to his home. Ed Snell, 23720 - 77th Ave. W., said 238th is a dedicated public thoroughfare with precedence having been set for at least 35 years. Mr. Snell said the barricade not only disrupts access to residential vehicles but also to postal service, paper routes, garbage truck routes, school bus routes, and to emergency vehicles. Mr. Snell said there has never been a traffic problem that he has been aware of in the thirty- four years that he has lived in his home. In response to a statement by Mr. Jaquette, City Attorney Scott Snyder said so long as the City leaves some access to properties, the courts have determined that security of access is not a compensable injury, and the Council has almost absolute discretion as to how access will be pro- vided. Kathy Goodman, 23611 - 78th Ave. W., was in favor of the barricade, but she said she would prefer that a traffic light be placed at the intersection of 236th and Highway 99 because 78th Avenue is a narrow, dangerous roadway. She feared the danger would worsen when Safeway and Drug Emporium are opened for business. Ms. Goodman said she would like to feel safe when she walks down 78th to the park with her baby and dog. Don Larsen, 23818 78th Ave. W., was in favor of the barricade. He said traffic has been signifi- cantly reduced since the barricade was erected. Mr. Larsen concurred that there is a problem in the alley, and he said he would be more in favor of designating it one-way northbound so that all residents could leave the neighborhood via 78th Avenue. Mr. Larsen reiterated that he was in favor of the barricade because it has effectively reduced the number of transient vehicles through the neighborhood without shifting the problem to one of the east -west streets. EDMONDS CITY COUNCIL MINUTES Page 7 FEBRUARY 5, 1991 Melinda Etscheid, 7717 - 238th Pl, was in favor of the barricade. She did not believe emergency access was an issue. Ms. Etscheid believed a temporary gate would be useful, especially during inclement weather. Damon Igl, 24031 - 79th P1., thought the barricade has created more problems than it has solved. He said it has created a more dangerous situation than previously existed. He did not believe Staff has fully evaluated other alternatives that may be more effective. Mr..Igl believed the barricade has affected property values. Mr. Igl said if the alley were to be designated one-way, he would be in favor of a northbound direction because it would allow residents to leave the neighborhood without going to Highway 99. Mr. Igl said he was personally aware of traffic accidents that have occurred since the barricade was put in place. He said the barricade has directed traffic down 238th to 240th and has created problems at the corner of 240th and 78th Avenue. Mr. I91 said there are a number of alternatives to resolve the problem, i.e., place a stop sign at the foot of 238th, block traffic at the foot of 238th, or erect a traffic barrier at the "T" intersection of 238th and 78th. Ken Nicols-Hoppe, 23710 - 80th Lane, was in favor of a temporary barricade with the alley being designated one-way northbound. Mr. Nichols -Hoppe believed a more regional approach, rather than a local approach, was probably the best long-term solution to the problem. Pat McKee, 23917 - 80th P1. W., was not in favor of the barricade and believed there were other alternatives to reduce the traffic through the neighborhood. Mr. McKee was opposed to being prevented access to the residential streets that lead to his resi- dence and to only one access to his property. Mr. McKee was under the impression that people who were in favor of the barricade were personally contacted by the City, and those who were opposed to the barricade were notified of the hearing by notices posted on telephone poles. Mr. McKee also believed the solution should be approached on a regional basis rather than a local basis, and that the barricade should be removed while other measures are put in place. At the request of Council President Palmer, Mr. Hyde explained that notices of the public hearing on October 16th were posted in 14 places throughout the neighborhood, and notices for the Febru- ary 5th hearing were posted in the same locations. He said individual letters were sent to resi- dents who sent letters to the Engineering Department regardless of their position on the issue. Vladimir Gross, 23830 - 78th Ave. W., said he was in favor of some type of solution that would reduce the number of transient cars through the neighborhood. He noted that the existing barri- cade has significantly reduced the traffic count. Mr. Gross said it is certainly worth the inconvenience of having to circumvent the neighborhood to access one's home if it saves the life of a child. John Falkenberg, 8115 - 240th St. S.W. (business), 23825 - 80th Pl. W., said he personally dis- liked the barricade but was interested mostly in the safety of his patients as they exit the Ballinger Chiropractic Clinic onto Highway 99 where he practices. Mr. Falkenberg wondered why the barricade was opened during the snow storm "if it was such a good idea". He suggested that other alternatives be considered. Mr. Falkenberg noted that the City is at risk for life compensation if one of the City workers is injured while removing the barricade. Mayor Naughten closed the public portion of the hearing. In response to Councilmember Hertrich's question regarding a signal at 236th Avenue, Mr. Walker said relocation of the light on 238th is under consideration, but a recommendation cannot be given until all of the data is reviewed. He said many problems would be eliminated on 238th if the light were relocated, but those problems would only be transferred to 236th Avenue. EDMONDS CITY COUNCIL MINUTES Page 8 FEBRUARY 5, 1991 Councilmember Nordquist said the solution seems to weigh heavily on whether or not the light at 238th will be relocated, despite several other options that may be effective. Mr. Hyde said he did not believe Staff was weighing heavily on relocation of the light, but they have recognized that the barricade has achieved the desired goal of reducing the volume and speed of vehicles through the neighborhood. He recommended that some other options not be implemented because driv- ers would have to acclimate themselves to a new situation and the trial period would have to start over again. Councilmember Nordquist was concerned about the disturbance of dust in the alley during the summer months.. Mr. Hyde noted that 78th Avenue will be improved following water- line construction in the summer. Councilmember Palmer inquired how Staff reached their recommendation to designate the alley in a southerly direction as opposed the the residents' preference of a northerly direction. Mr. Hyde said the origin -destination study revealed that more cars travel in a southerly direction than in a northerly direction (71 vehicles versus 57). City Engineer Bob Alberts reiterated that it is Staff's recommendation to leave the barricade in place as a temporary measure until the Bell -Walker study is completed and to designate the alley one-way. COUNCILMEMBER HERTRICH MOVED TO LEAVE THE ALLEY AS A TWO-WAY ROAD FOR THE PRESENT TIME. (Council - member Wilson seconded the motion further into the discussion.) Councilmember Hertrich suggested that the barricade remain in place for sixty days to allow Bell - Walker to complete their study. - Councilmember Palmer asked what measures could be taken to improve the safety of the alley if it were to remain two-way without making a permanent change. Mr. Alberts Staff would do what they could to improve the safety of the alley. COUNCILMEMBER WILSON SECONDED THE MOTION. MAYOR NAUGHTEN INQUIRED IF COUNCILMEMBER HERTRICH WOULD INCLUDE IN THE MOTION TO CONTINUE THE HEARING TO APRIL 2, 1991. COUNCILMEMBER HERTRICH AND COUNCILMEMBER WILSON CONCURRED. MOTION CARRIED. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO EXTEND THE MEETING. MOTION CARRIED. (Councilmember Nordquist and Councilmember Kasper left the meeting at 10 p.m., but Councilmember Kasper returned at 10:30 p.m.) The meeting recessed at 10 p.m. and reconvened at 10:10 p.m. REPORT ON BRACKETT'S LANDING UPLAND IMPROVEMENTS AND REVIEW POTENTIAL 1991-92 CZM GRANT 306 AND 306A PROJEC7__ Parks & Recreation Manager Arvilla Ohlde reported that the Department of Ecology Coastal Zone Management Grant applications are due on February 20, 1991 for 1991-92 grants . Ms. Ohlde said the CZM 306 grants fund planning and public information efforts for the waterfront and related watersheds. The three recommended projects will allow for continued planning and monitoring of sensitive areas and the retention of vital data for sensitive area: 1) Continued monitoring of environmental impact of Brackett's Landing Park Phase I; 2) Continued monitoring of the Union Oil Marsh and effect of increased salinity; 3) Plans and specifications to implement design concepts of daylighting/tide gate of Willow Creek Stream. Ms. Ohlde said the CZM 306A funds are available for small acquisition and construction projects and are granted for a two-year completion date. The application recommendation for the grant is: 1) Construction of the Union Oil Marsh interpretive walkway for public access based on the plans prepared by Gaynor Landscape Architects and design specifications completed by David Evans & Associates. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE APPLICATION FOR CZM GRANT FUNDS, AND AUTHORIZE STAFF TO SUBMIT THE CZM GRANT APPLICATIONS FOR THE FOUR RECOMMENDED PROJECTS. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 9 FEBRUARY 5, 1991 Ms. Ohlde noted that the City Council directed Atelier, p.s. on September 25, 1990 to complete the construction designs and bid specifications for upland improvements to Brackett's Landing Park and to complete the design of a natural interpretive shelter and alternate options. Ms. Ohlde said Atelier has completed 50% of the designs and specification documents. She said the preliminary design was presented to the Architectural Design Board (ADB) on December 5, 1990. Following input by the City Council on the 50% completed construction designs, Atelier will complete the final construction designs and bid specification document. Ms. Ohlde noted that Wolf Bauer is an expert on shoreline retention, and she recommended that he be retained as a consultant for the project. Janice Snowey, Atelier, p.s., reviewed the progress of the project with the Council. Ms. Atelier said the ADB requested that the preliminary design reflect: 1) an improvement to the handicapped access throughout the facility, particularly from the paved area down to the hard sand wet beach area; 2) a reduction in the height of the proposed shelter by one foot; and 3) a provision for a metal roof for the proposed shelter rather than a cedar shake roof. Ms. Snowey said the estimated cost of the proposed shelter was reduced from $60,000 to $47,000, noting that the base bid for alternate #1, including the shelter, was $150,000. Mayor Naughten inquired why the ADB recommended a metal roof. Ms. Snowey said the Board felt it would be more appealing aesthetically in addition to reducing the maintenance costs. Councilmember Hertrich said he was under the impression that the Council had decided not to con- struct a building on the beach. Ms. Ohlde reminded Councilmember Hertrich that the Council made a motion on September 25, 1990 directing Staff to continue with the construction documents for the Brackett's Landing improvements with the design of the structure as an alternative or a de- duct on the construction bid document so that the council would later delete that option if they so chose, and to minimize the size of the building to reduce the cost. Because Councilmember Hertrich was having difficulty visualizing the proposed structure, Ms. Snowey referred to the shelter elevation details and explained the dimensions of the building, the aesthetic appearance, and the materials that are proposed. Councilmember Hertrich requested that the area of the proposed shelter be staked off with corner poles so that the Council could visualize the size of the structure. Mayor Naughten requested that the ballpark survey be conducted on the weekend of February 15th and 16th. (Councilmember Kasper returned to the meeting at 10:30 p.m.) Councilmember Hertrich noted that the design for the semicircular area adjacent to the restroom facilities was not completed yet, and he recommended that Wolf Bauer's input be provided for that location. Further review of the preliminary design was scheduled on February 26, 1991. CONTINUED REVIEW OF SCOPE OF WORK FOR FERRY STUDY Community Services Director Peter Hahn reported that the Council initially reviewed the scope of work on January 15, 1991, and the Council requested Staff to prepare a list of the issues that were raised at that time and that the list be grouped into items.within and outside of the scope of the proposed agreement. Mr. Hahn said the only item that might be construed as being outside the scope of the agreement was the issue of smaller vessels (item #7 below). He said the Council had indicated that this could be paid for by the City directly and the Ferry system supported inclusion of that alterna- tive but recommended that it be included in the actual EIS (phase II) and not Phase I since Phase I is only scoping. Mr. Hahn reviewed the issues raised by the Council at the previous meeting and discussed the methodology in which they would be addressed: 1) emphasize how the ferry facilities would fulfill the needs of the future rather than of those at the present; 2) when considering impacts on the uplands, include such impacts as parking in the_ neighborhoods and increased traffic loads; EDMONDS CITY COUNCIL MINUTES Page 10 FEBRUARY 5, 1991 3) in reference to seeking the opinion of ferry captains, the question should be two -fold: a) under what conditions can successful docking occur? and, b) what mitigation measures would be needed to achieve those conditions? 4) in vessel analysis, include both vessels in use today and vessels which might be used in the future; 5) Burlington Northern input should be sought in identifying impacts related to railroad crossings; 6) the impact of grade separation should be considered when comparing both site; 7) the impact of smaller vessels sailing at greater frequency should be considered. The size of the vessel could affect the type and impact of the docking facility; 8) provide the Council with a good rendering of the options. Councilmember Hertrich noted that Don Nutter of the Department of Transportation Marine Division had indicated in a letter dated January 21, 1991 that the City should evaluate four types of ferries and Reid -Middleton suggested that either an "average" ferry or "worst case" ferry be considered and that it may be appropriate to reconsider computer modelling. Councilmember Hertrich inquired what the computer modelling would reveal. Bill Elmer, Reid-Middlton, said it has been determined that it. is not possible to evaluate all four different sizes of ferries with- in the budget. Councilmember Hertrich inquired about the size of the ferry that will be evaluated. Mr. Nutter replied the super class ferry, which is the larger of the two ferries in use today. With regard to Councilmember Hertrich's question about computer modelling, Mr. Elmer said comput- er modelling is a program that is available, but it was his opinion that it would not be any more effective than the procedures proposed by Reid -Middleton in analyzing the general hydrodynamic characteristics and limitations under present working conditions. He said, however, computer modelling can provide a check or balance against their procedures. He said computer modelling would take into consideration all environmental factors, vessel characteristics, a variety of berthing angles, and the use and design possibility of a breakwater at either location. Councilmember Palmer inquired if it was assumed that the maneuverability of the different classes of ferries was the same as the super class ferry that is proposed. Mr. Nutter said there are differences between all classes of ferries as to maneuverability. He said the super class ferry is a. taller ferry, which has its disadvantages, but it is one of the bigger ferries, which has its advantages. He said it was the State's belief that the super class ferry is the most proba- ble vessel that would be operated in the foreseeable future. * Mr. Hahn noted that he would submit the final agreement to the Council on February 26, 1991. The Council discussed the City's representation on the Policy Committee. Councilmember Kasper was appointed to the Committee with Councilmember Hertrich as his alternate, and Mayor Naughten was appointed with Councilmember Wilson as his alternate. MAYOR Mayor Naughten said the City can purchase 84 - 8"xI2" flags to put on Staff vehicles for $147 and 300 feet of yellow ribbon tied into bows for $107. COUNCILMEMBER PALMER MOVED, SECONDED BY COUN- CILMEMBER JAECH, TO AUTHORIZE SPENDING THE $254 FROM THE COUNCIL CONTINGENCY FUND. MOTION CAR- RIED. Mayor Naughten said he would recommend approval of a liquor license for the Barrio Fiesta Restau- rant at 23031 Highway 99 if the Council did not object. No objection was noted. AUTHORIZATION TO PURCHASE SPARE PARTS FOR ELECTRICAL GEAR AT WASTEWATER TREATMENT PLANT $2,344 ,11p�PLUS UPS SHIPPING)M N THE CONSENT AGENDA] Councilmember Hertrich was concerned that additional inventory may be needed in the future, and he recommended that an entire inventory package be bid. Public Works Superintendent Bobby Mills said it would be impossible to make a list of all of the spare parts that may be needed. He noted that the spare parts that are necessary to have on hand are critical to the operation of the plant, and the other spare parts were incidental and could be ordered as needed. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE ITEM (F). MOTION CARRIED. In response to Councilmember Palmer, Mayor Naughten said the Fire Chief's position was advertised in the Seattle Times, the Portland Oregonian, and Jobs Available. He said the deadline for appli- cations was February 15. Mayor Naughten noted that the City received forty-eight requests for additional information. *See Council Minutes 2-19-91, pl EDMONDS CITY COUNCIL MINUTES Page 11 FEBRUARY 5, 1991 COUNCIL tzAA-`,-' OUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXCUSE COUNCILMEMBER WILSON'S i/v" BSENCE ON JANUARY 29, 1991 AND COUNCILMEMBER JAECH'S ABSENCE ON JANUARY 22, 1991. MOTION CAR- RIED. l� Council President Palmer noted that a tentative date has been scheduled for the Edmonds City Council to meet with the Lynnwood City Council on February 28, 1991. Council President Palmer said the Council retreat has been tentatively scheduled for the weekend of May 17th and 18th but one Councilmember will not be able to attend. He said the other dates that were suggested for the retreat were not workable because more than one Councilmember has indicated they could not attend. Council President Palmer asked the Council to inform him if their schedules could be more flexible to work around the other suggested dates. Mayor Naughten noted that the Port Commission has requested a joint dinner meeting with the Coun- cil to discuss the Unocal property. Councilmember Jaech inquired how the error was made in the specifications for the treatment plant that the PUD was to supply the wire. Mayor Naughten said he would look into that matter. In response to Councilmember Jaech's question with regard to the City's potential interest in purchasing the Alaska Publishing property, Mayor said the issue would be discussed during an executive session. Councilmember Kasper said there was no authorization to hire the Arts Commission clerk on a perma- nent basis. He requested the Council to discuss that issue during a work meeting in the near future. Councilmember Hertrich noted that the Council Assistant recently received an increase in her ct,-�c�L,�ourly rate, and he questioned the request to provide additional money for outside health bene- fits instead of the health benefit provided by the City. He felt the benefit is available as a plus to salary and it is the employee's discretion not to accept the benefit, but it should not * alter the salary. The Council discussed the issue and decided not to allot additional money.* With regard to item #7 on the agenda (report and public hearing on closure of 238th Place, Coun- cilmember Dwyer suggested that Staff send a mailer to residents before the next hearing in order to get a larger response. Engineering Coordinator Gordy Hyde noted that 150 door hangers were posted in addition to the mailers. Councilmember Dwyer withdrew his request THESE MINUTES ARE SUBJECT TO FEBRUARY 19, 1991 APPROVAL. ;. 0�, 410-4 c-JACMELINE G. PARRETT, City Clerk LA RY S. AUGHTEN, Ma or *See Council Minutes 2-19-9.1, p1 EDMONDS CITY COUNCIL MINUTES Page 12 FEBRUARY 5, 1991 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7 :0 0 - t 0:00 P.M. FEBRUARY 5, 1991 SPECIAL MEETING 6:30 P.M. - EXECUTIVE SESSION - LABOR NEGOTIATIONS CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JANUARY 29, 1991 (C) AUTHORIZATION FOR MAYOR TO SIGN TRAFFIC ENGINEERING SERVICES AGREEMENT WITH BELL WALKER ENGINEERS FOR PERIOD JANUARY 1, 1991 TO DECEMBER 31, 1992 (D) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH KROESEN'S, INC., FOR POLICE UNIFORMS (E) AUTHORIZATION TO SELL SURPLUS VEHICLES AT THE CITY OF EDMONDS SEALED BID AUCTION (F) AUTHORIZATION TO PURCHASE SPARE PARTS FOR ELECTRICAL GEAR AT WASTEWATER TREATMENT PLANT ($2,344 PLUS UPS SHIPPING) (G) APPROVAL OF LEASE AGREEMENT WITH GAY SHOOK FOR PUBLIC GARDENING PROJECT PROPERTY (H) APPROVAL OF CABARET DANCE LICENSE FOR BARRIO FIESTA RESTAURANT AT 23031 HIGHWAY 99 (I) PROPOSED .RESOLUTION 713 COMMENDING PLANNING DEPARTMENT MANAGER MARY LOU BLOCK (J) PROPOSED RESOLUTION 714 COMMENDING PUBLIC WORKS SUPERINTENDENT BOBBY MILLS 2. PRESENTATION OF RESOLUTIONS OF COMMENDATION TO MARY LOU BLOCK AND BOBBY MILLS 3. AUDIENCE 4. HEARING ON HEARING EXAMINER'S RECOMMENDATION REGARDING PROPOSED (20 MINUTES) AMENDMENT TO THE OFFICIAL STREET MAP TO VACATE 25' OF EXISTING 50' RIGHT-OF-WAY OF BEESON PL. IN THE VICINITY OF 24123 BEESON PL. (ST-2-90/ALBERT ABRAMS) 5. HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING (30 MINUTES) LOCATION OF SERVICE CLUB SIGN AT 9TH AVE. AND PUGET DR. (ADB-104-90/ AP-27-90; APPELLANT: NATALIE SHIPPEN) 6. CONSIDERATION OF REQUEST FOR CITY PARTICIPATION IN COST OF SERVICE (10 MINUTES) CLUB SIGNS 7. REPORT AND PUBLIC HEARING ON CLOSURE OF 238TH PL. (40 MINUTES) 8. REPORT ON BRACKETT'S LANDING UPLANDS IMPROVEMENT AND REVIEW POTENTIAL (30 MINUTES) 1991-92 CZM GRANT 306 AND 3O6A PROJECTS 9. CONTINUED REVIEW OF SCOPE OF WORK FOR FERRY STUDY (15 MINUTES) 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE