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04/02/1991 City CouncilTHESE MINUTES SUBJECT TO APRIL 16, 1991 APPROVAL EDMONDS CITY COUNCIL MINUTES APRIL 2, 1991 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 St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jack Wilson, Councilmember ABSENT STAFF John Nordquist, Jeff Wilson, Current Planning Supv. Councilmember Brent Hunter, Personnel Mgr. Dan Prinz, Police Chief Arvilla Ohlde, Parks & Red. Mgr. Peter Hahn, Comm. Svc. Director Tom King, Facilities Supv. Noel Miller, Asst. City Engineer Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer arrived during discussion of Item (B) on the Consent Agenda. Mayor Naughten announced that an executive session would be held following the meeting to discuss a property matter and labor negotiations. CONSENT AGENDA Items (B) (C) and (I) were removed from the Consent Agenda. Item (C) was placed at the end of the regular agenda for discussion. COUNCILMEMBER WILSON 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 jr ", ,(D) ADOPTED ORDINANCE 2828 VACATING PORTION OF RIGHT-OF-WAY LOCATED AT INTERSECTION OF 8TH AVE. N. AND DALEY ST. (ST-5-80) S PA (E) ADOPTED ORDINANCE 2829 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE 20.15A.290 TO CLARIFY FEE WAIVER PROVISION FOR SEPA THRESHOLD DETERMINATION APPROVAL OF MINUTES OF MARCH 26, 1991 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Palmer referred to the memorandum from the City Clerk noting the following: "There is an error in the subject minutes on page 5, approximately half way down the page. The motion X;,u,t4,,-indicated was made by Councilmember Hertrich, rather than Councilmember Wilson. The motion &,, ( should read: 'COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE THE i TRANSFER OF $4,000 FROM THE HOTEL/MOTEL FUND TO THE 117 ARTS COMMISSION FUND'. "Also, Councilmember Kasper has requested an amendment to the minutes at the bottom of page 5. He would like the first paragraph of the item regarding the purchase of vehicles to be expanded as follows: 'Councilmember Kasper wished to state his thoughts before the discussion started. j Z Ju He thought the Council had to get into reconsideration of how the B Fund is handled City-wide. onsider '44,t4 r revising ghit�heHe thought B Fund srotation needin some s should be considered, evaluating der so far and, therefore, it sCity-wide duses to cinstead of only one department's use. He said he had no objection to what was proposed as far as buying cars, but he wanted to get into the subjects he raised before any further decisions as to who gets which cars'." Councilmember Palmer referred to page 9, paragraph 6, noting that the paragraph incorrectly in- ferred that the Council would be convinced that all costs were reasonable. He clarified his w� statement by saying that he thought there would be no problem getting a unanimous vote if the Council was convinced that all costs were reasonable. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS TO REPLACE CARPETING IN LIBRARY PLAZA ROOM ($14,000) [ITEM (F) ON THE CONSENT AGENDAJ Councilmember Kasper was doubtful that the City receives a proper level of cost recovery from rental of the Plaza Room. He noted that the Plaza Room has been constructed for less than eight C�,.t,F,` years, but the carpet is in need of replacement for the third time. He attributed the abnormal wear and tear of the carpet from renting the room to the general public. He recommended that the �j,��,�', City seriously consider not renting it to the general public in the future. Councilmember Kasper +� requested Staff to look into the source of the damage. Although Councilmember Palmer shared the same concerns regarding cost recovery as Councilmember Kasper, he did not see a need to defer replacement of the carpet. He said he was willing to consider a fee increase for rental of the room, but he was was not prepared to not rent the room. Councilmember Kasper suggested that the City consider replacing sections of the carpet rather than the entire carpet in an effort to cut costs. Councilmember Wilson noted that the issue has come up repeatedly before the Council. He suggest- ed that the issue be discussed at the April 23 work meeting. Councilmember Jaech suggested that the issue be discussed at the Community Services Meeting on April 9th first and then go before the Council. AUDIENCE Mayor Naughten opened the audience portion of the meeting. , A_/ Dick Hill, 1242 Coronado P1., read a letter from the Edmonds Council of Concerned Citizens (he submitted copies to the City Clerk for distribution to the Council) stating, in essence, their concern that certain buildings are allowed to be constructed to three and four stories because of IL, the manner in which height calculations are made. He noted that the Community Development Code rtD"`'f was amended in 1980 to reflect a height limit of 25 feet on buildings. Mr. Hill said the Council tf--Y of Concerned Citizens felt the real intent of that code was to limit buildings to two stories. Mr. Hill requested the Council to consider the following proposal: 1) adopt a new definition of the term "story"; and 2) include a new bulk and dimension requirement of two stories in the table of site development standards for the RS, RN, BC and BN zones. Mr. Hill urged the Council to send the issue to the Planning Board. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO SEND THE ISSUE OF BUILDING HEIGHTS TO THE PLANNING BOARD, 'AS WELL AS THE ISSUE OF THE MEANING OF THE 4:12 PITCHED ROOF. MOTION CARRIED. CONTINUED COUNCIL DELIBERATION ON HEARING EXAMINER'S RECOMMENDATION REGARDING PROPOSED AMENDMENT Current Planning Supervisor Jeff Wilson reported that the proposed street vacation is located at Beeson Place, south of 241st Street S.W., and encompasses approximately 1717.75 square feet of area. Mr. Wilson said the City Council last reviewed the proposal on February 5, 1991. It was the •Council's determination to continue the deliberation on the request to allow the applicant to obtain an independent appraisal of the property and to allow Staff to conduct an analysis of the cost per square foot for properties in the area which are not waterfront parcels. Mr. Wilson said Staff determined the compensation for the vacation to be $8,416, based on the adopted formula of the City. Mr. Wilson said the applicant submitted a letter on March 28, 1991 to the City outlining the alternatives he believed to be appropriate to resolve the issues. The applicant did not, howev- er, include in his letter a formal appraisal which the Council requested but did include a ball- park valuation from the appraiser. Mr. Wilson said the applicant simply offered to pay $1,000 for the property to be vacated. The proposal equates to approximately $.58 per square foot, and is not based on any appraisal of the property. Mr. Wilson noted that Staff prepared an analysis of the average cost per square foot for non - waterfront property in the immediate vicinity at $1.84. Based on that rate, the property pro- posed to be vacated would be valued at $3,160.66. EDMONDS CITY COUNCIL MINUTES Page 2 APRIL 2, 1991 Mr. Wilson said it is the recommendation of Staff to uphold the Hearing Examiner's recommendation of November 26, 1991; require compensation for the vacation of the right-of-way and installation of street improvements, with street improvements to engineering standards; authorize City crews to move the water meter that is located east of the existing wall to the new property line west of the wall; and establish the compensation rate for the property to be vacated in the amount of $8,416, as originally recommended by Staff. The rationale for supporting that amount was based on two points: 1) the applicant failed to provide a certified appraisal of the property to be vacated; and 2) the property to be vacated will become part of the waterfront property which the applicant currently owns and, therefore, would most likely be assessed at the same rate of his other property when the property is assessed in the future. It is highly unlikely that any fu- ture assessment of the applicant's property would be based on two different rates. Mr. Wilson said the applicant should be required to pay the compensation for the vacation to the City within thirty days of the approval of the final ordinance by the Council or remove the illegal improve- ments. Councilmember Dwyer said the applicant was given the opportunity to have his property appraised, but the $1 to $2 per square foot value, as estimated by the appraiser, was inconsistent with the $1,000 offer made the applicant. Councilmember Dwyer believed Staff's average cost per square foot of $1.84 for non -waterfront land in the immediate vicinity was reasonable and, based on that figure, he said the least the Council could accept would be $3,160.66. Councilmember Kasper noted that the Council, in the recent past, was compensated $3,369 for a 1,650 square foot side parcel, which equated to $2 per square foot. He questioned the $1.84 formula calculated by Staff for street frontage. COUNCILMEMBER KASPER MOVED TO ACCEPT STAFF'S RECOMMENDATION. Councilmember Wilson was disturbed that the applicant did not obtain an appraisal Councilmember Dwyer noted that the applicant submitted an informal letter from the appraiser. COUNCILMEMBER KASPER WITHDREW THE MOTION. Councilmember Palmer said it was his feeling that the public expects to receive full value for what they own. He said if the parcel in question becomes part of a waterfront parcel and was taxed as a waterfront parcel, then the City should be compensated for waterfront value. Council - member Palmer said he could support Staff's recommendation but could not support going below that figure. Councilmember Wilson concurred. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PALMER, TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION OF NOVEMBER 26, 1990 AND THE APPLICANT COMPENSATE THE CITY AT $8,416. MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. HEARING ON PROPOSAL TO COVER YOST POOL Mayor Naughten noted that a consultant from Aalen Consultants evaluated the condition of the pool `✓ and its equipment on March 26, 1991. Mayor Naughten opened the public portion of the hearing. Ray Albano, 20916 - 76th Ave. W., spoke in favor of covering Yost Pool because a cover would maximize the facility to its fullest and would provide a facility for the public in general rath- er than just a select few, such as other programs in the City do. •Mr. Albano said some of the citizens of Edmonds are forced to go to Mountlake Terrace or Lynnwood to use a covered facility. He thought it was unfortunate that Edmonds' citizens are spending their dollars outside of the City. Councilmember Palmer informed Mr. Albano that the pool consultant identified a cost between $150,000 and $300,000 to cover the pool and as much as $50,000 to repair the existing facility. He noted that the pool is being subsidized at the present time and will continue to be subsidized in the future. He inquired to what degree Mr. Albano was willing to pay higher fees to help defray the cost of a covered pool. Mr. Albano said Edmonds is a bigger City than Mountlake Ter- race and Lynnwood. He believed Edmonds could afford a covered pool if the other two cities could. He did not believe the cost would be detrimental to the citizens if it was amortized over a period of years. Councilmember Wilson said he gathered that Mr. Albano was in favor of a cover other than a tempo- rary bubble. Mr. Albano concurred. Councilmember Wilson inquired if Mr. Albano would be in favor of placing a permanent cover on the ballot. Mr. Albano replied affirmatively. EDMONDS CITY COUNCIL MINUTES Page 3 APRIL 2, 1991 Councilmember Wilson clarified to Mr. Albano that the City of Lynnwood has approximately the same property tax base as Edmonds, but Lynnwood has four times the sales tax base. Councilmember Wilson said the initial cost to cover the pool was not as much of a concern as 0 & M costs. He noted that Mountlake Terrace has an annual deficit of approximately $240,000 for their pool. Mr. Albano suggested that the City place the issue on the ballot if the primary concern was how to pay for the cover. He believed the people would vote for a covered pool because it would benefit all age groups. Councilmember Wilson said the only issue that was bothering him was the public's lack of knowl- edge of the 0 & M costs. Mr. Albano suggested that a fact sheet be disseminated to the public informing them of the costs. Councilmember Kasper recalled that the issue of a pool cover failed on a bond issue in the past because the costs were too high. He noted that a bond issue has not been passed -in Edmonds in over one hundred years. He inquired if Mr. Albano was willing to risk delaying the covering of Yost Pool if the constituency voted down a permanent cover and then readdress the issue of a temporary cover. Mr. Albano said he has been involved in several bond issues over the years. He said Edmonds has to learn to "sell the sizzle and not the steak". He said the City has to pro- mote, explain, and sell the concept of a covered pool to the people. With respect to a bond issue not being passed in Edmonds for over a hundred years, Mr. Albano said, "Maybe it's time to get out of the 16th century and join the rest of the world". He of- fered his assistance in promoting a bond issue. Carol Oliver, 1031 - 2nd Ave. S., spoke against covering Yost Pool until it is modified to be handicap accessible. Ms. Oliver was confined to a wheelchair, and she said she has always been unable to use the pool because it is inaccessible to her. Dick -* Van Hollebeke, 580 Hemlock Way, summarized the progression of events that have led to the discussion of covering Yost Pool to the present. Mr. Van Hollebeke said a permanent cover would probably be prohibitive in cost at the present time. He noted that a temporary cover was more permanent in nature than one would think because the life expectancy is between ten to fifteen years. Mr. Van Hollebeke said citizens have waited for nineteen years to find a way to cover Yost Pool. Mr. Van Hollebeke said no one has ever promoted the use of Yost Pool, as it has always been run like "the old fishing hole". He thought it was essential to the success of the pool to hire a full-time manager to promote the facility. Mr. Van Hollebeke was optimistic that a large enough user group could be established to defray the cost of a covered pool. In response to a previous concern that the cost to subsidize the pool would range between $80,000 and $100,000 per year, he projected the generation of $184,000 in user fees if the pool were accessible 12 months out of the year. Mr. Van Hollebeke noted that the City does not expect the waterfront or parks to be a paid -for proposition. He inquired why, then, the City should expect the swimming pool to be self support- ing. He said the nature of the City was to provide amenities for its citizens in order to pro- vide a nice standard of living. Mr. Van Hollebeke read a letter from Joy Brennan stating the following reasons in support of a covered pool: 1) a covered pool would provide a facility for children to learn how to swim, which she believed was essential to the safety of children who live in a waterfront community; 2) high school students would have a home pool; and 3) senior citizens could keep fit by swimming when other exercises become too demanding. Mr. Van Hollebeke implored the Council to give the matter their full consider and give the people what they desire ... a year-round swimming pool. Ed Aliverti, 9630 - 214th Pl. S.W., recalled that Chester Bennett finalized the plans for a cam- paign for a covered pool 19 years ago. Mr. Aliverti said the City voted down the proposal at that time but reassured citizens that the City would work very hard in the future towards putting a cover on the pool. Mr. Aliverti said Mr. Bennett had pointed out that a neighboring town with far less resources than Edmonds had placed family, youth, and the quality of life in that communi- ty as the N1 priority. EDMONDS CITY COUNCIL MINUTES Page 4 APRIL 2, 1991 Mr. Aliverti believed the priority must surface that a covered pool is due to the people after nineteen years in the City of Edmonds. Linda Denton, 18236 Andover Ave., said she was not a swimmer and her family does not use Yost Pool, but she was not opposed to having. some of her tax dollars go to covering the pool. Ms. Denton believed one does not have to be a swimmer to realize the value of a covered pool in Edmonds. Ms. Denton urged the Council to support the proposal. Dave Van Hollebeke, 580 Hemlock, said his father has encouraged him for some time to exercise in a swimming pool to mitigate his physical handicap, and therapists have told him that swimming is a very important part of rehabilitation. Mr. Van Hollebeke said although he has not pursued swimming, he was not motivated to go to another city in the morning before school to swim. Mr. Van Hollebeke supported a covered pool because it would provide year-round use for the gener- al public and would provide a facility for handicapped people. Joe Wermus, 752 Dayton St., concurred with testimony given in favor of a covered pool. Mr. Wermus said he would use the facility if it were covered, but he would not travel to another city to swim in a covered pool. Mr. Wermis was disappointed that the pool has not been covered yet. He said it baffled him why something of that nature had so much difficulty being approved in Edmonds. Mr. Wermis said a covered pool was a high priority, and he urged the Council to approve it. Janet Kavadas, 217 Alder St., a competitive swimmer, said a covered pool would provide consisten- cy of patrons who currently use the pool and consistency of Staff. Mayor Naughten inquired if there was anyone in the audience who did not support the pool cover who wished to speak. No one came forward. Councilmember Palmer requested a show of hands from people in the audience who would support a bond issue. A majority of the people raised their hands. (The sectioned -off portion of the Plaza Room was filled to capacity.) Councilmember Hertrich requested a show of hands from people who would support a temporary cov- er. Approximately fifty percent of the people raised their hands. Councilmember Jaech said she was struggling with whether or not a temporary cover or a permanent cover would be more advantageous. She noted that a temporary cover would last between 10 to 15 years, would cost $150,000 to $300,000 to purchase, and would cost up to $2 million to operate over the 10 to 15 year period whereas a permanent cover in a new facility would last approximate- ly 30 years and would cost $1 to $3 million to construct. Tom Petrusi, 7629 - 175th S.W., was supportive of a first-class facility. He said the citizenry should not be afraid of a bond issue. He noted that a permanent structure would endure into the 21st century. Councilmember Hertrich pointed out that the purchase price of a bubble alone was approximately $130,000. Even though the cost to replace the bubble in 15 years would escalate somewhat, he said the cost was considerably different than $3 to $4 million to construct a new covered facili- ty. He noted that the high cost of a covered pool was what caused the proposal to fail in the past. Councilmember Hertrich said the City could demonstrate that a covered pool would be suc- cessful by covering the pool at the present time in the least expensive manner. He believed a bond issue would be successful in the future but not at the present time. Councilmember Dwyer noted that the pool consultant indicated that a first-class facility would cost between $2 to $4 million, not including the cost of site acquisition. He did not believe a site could be found in the City that would accommodate such a -facility and one that residents would welcome into their neighborhood. Councilmember Dwyer said if another facility were con- structed, Yost Pool would either be shut down entirely or it could operate during the summer months but it would compete against the new facility, which would almost guarantee failure of the new facility. Councilmember Dwyer believed the only prudent action to take would be to concen- trate on the existing facility and cover it during the nine months that it is not operational. EDMONDS CITY COUNCIL MINUTES Page 5 APRIL 2, 1991 Councilmember Jaech said Yost Pool would not necessarily have to be shut down. Additionally, she said there are other sites in the City, such as the Civic Center Playfield, that are available for a new facility. She said she was not sure which option to pursue, but she wanted the public to be aware of all of the options. Councilmember Wilson recommended that the consultant proceed with fulfilling his contract so that all of the facts could be provided to the Council, and that the Council incorporate the Planning Board's comments in the process. Councilmember Palmer informed the public that the Council was dealing with a budget and that the City would, in the near future, approach the public for a significant bond issue to construct a new City Hall, as well as other projects requiring tax dollars. Councilmember Palmer said he wanted to clarify whether the public was supportive of a covered pool and to what degree. He said he would support a measure on the ballot with the following levels of the project: 1) bubble only at Yost Pool; 2) a permanent cover at Yost Pool; and 3) a long-range permanent facility at another location. Councilmember Hertrich believed a permanent cover at Yost Pool was not feasible because users of the pool enjoy an open pool during the summer months. He also did not believe citizens would support a bond issue for $3 to $4 million for a permanent facility. For those reasons, Council - member Hertrich was supportive of a temporary cover at Yost Pool. Mayor Naughten closed the public portion of the hearing. The meeting recessed at 8:25 p.m. and reconvened at 8:35 p.m. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED AMENDMENT TO OFFICIAL STREET MAP TO Current Planning Supervisor Jeff Wilson reported that on January 3, 1991, the Hearing Examiner held 'a public hearing on a request to amend the Official Street Map (OSM) of the. City of Edmonds to eliminate a portion of the existing right-of-way of 8th Avenue North, south of Hindley Lane. The land is not currently dedicated right-of-way but is shown on the OSM. The area under consid- eration is currently under private ownership. Upon review of the Staff report and testimony given at the public hearing, Mr. Wilson said the Hearing Examiner issued a recommendation on January 17, 1991 for approval of the proposed amend- ment to the OSM. On January 31, 1991, a request for the Hearing Examiner to reconsider his recom- mendation was filed by Mr. Burgoyne. However, the request for reconsideration was amended by Mr. Burgoyne on February 4, 1991. Mr. Wilson said the Hearing Examiner reviewed the request for reconsideration and entered a deci- sion on February 28, 1991 to uphold his original decision, with minor revisions to his original Findings and Recommendations. Mr. Wilson said the proposed amendment to the OSM is the consummation of a previous agreement between the City of Edmonds and the property owner as part of the Shell Creek Project. Mr. Wilson said it is the recommendation of Staff to adopt the Hearing Examiner's recommendation and direct the City Attorney to prepare the appropriate ordinance amending the OSM for the City of Edmonds. Mr. Wilson noted that a six-foot wide pedestrian walkway will be retained from Hindley Lane to the 8th Avenue North right-of-way. Councilmember Kasper commented that the six-foot wide strip lies within the Comprehensive Plan. He said it is owned by the City and is intended to be used for utilities and a future walkway. He inquired if that strip could be simultaneously included in the Comprehensive Plan for bicycle paths and trails. City Attorney Scott Snyder said Comprehensive Plan amendments must be reviewed by the Planning Board. Councilmember Dwyer said the Hearing Examiner stated in his revised Findings that the City did not own that strip because there was evidence of an easement. Mr. Wilson said it was his under- standing that the dedication of right-of-way had occurred prior to the Hearing Examiner's meet- ing, but that information was not available to the Hearing Examiner because the quit claim deed had not been recorded. EDMONDS CITY COUNCIL MINUTES Page 6 APRIL 2, 1991 Councilmember Dwyer inquired if the Council must take action on the matter or if action was a discretionary decision on the part of the Council. Mr. Snyder said it was a legislative decision and a Council determination of what was in the public interest. At the request of Councilmember Hertrich, Assistant City Engineer Noel Miller drew a sketch of the existing right-of-way and indicated the location of the utilities on the easterly portion of the right-of-way. He noted that the original right-of-way was approximately 50 feet, but 25 feet has since been reserved for utilities and the easterly 6 feet has been quit claimed to the City. In response to Councilmember Hertrich, Mr. Miller said the City does not own the 25 foot strip. Councilmember Hertrich inquired about the surface of the 6 foot strip. Mr. Miller said it has been seeded. Councilmember Hertrich inquired if it appeared to be part of the 25 feet. Mr. Miller replied negatively. He said Mr. Johnson put up a chain link fence adjacent to the 6 feet. He said the City constructed a temporary fence to allow the grass to establish itself. Councilmember Palmer noted that there was a sign posted on the Cobb property that -read, "Private path. Please go around". Mr. Miller said the sign referred to the Cobb's path and not the City - owned parcel, and the sign has been there for a long time. Councilmember Hertrich inquired why the matter has not gone back to the Hearing Examiner with regard to the 6 feet strip being deeded to the City. Mr. Snyder stated that bicycle trails and paths are shown on a separate element of the Comprehensive Plan and not in the Master Plan. Councilmember Hertrich was concerned that the 6 feet not be taken off any right-of-way. Mr. Snyder said the proposed amendment would be an amendment to the Master Street Plan and would not be a vacation. Councilmember Kasper recalled that the City had an agreement with Mr. Johnson that he would re- lease the 6 foot strip to the City and that a hearing would be held on the matter of a walkway. Mr. Snyder said the map does not affect the City's quality of interest and does not impair the City's recorded property rights. Mayor Naughten opened the public portion of the hearing. Herb Shippen, 1022 Euclid, said he walked a great deal and enjoyed walking on the Hindley Lane pathway. Mr. Shippen said he was concerned about the discrepancy of ownership of the property in question, but the Council had addressed his concern. Mr. Shippen urged the City to complete the walkway. Dick Burgoyne, 751 Brookmere Dr., urged the Council to amend the OSM to eliminate the right-of- way. Mr. Burgoyne clarified that the contractor for the Shell Creek pipeline seeded the entire street, including the 6 foot strip but, unfortunately, there were no measures taken to prevent people from walking and driving on the grass. Mr. Burgoyne said he erected a temporary fence and placed a flag on the 6 foot strip that read, "Please keep off the grass" but it has been completely ignored and even vandalized. Mr. Burgoyne said the 6 foot strip has never been a public walkway but the public is unaware of 'that. Pete Schonenberg, 750 Melody Lane, requested the Council to schedule a public hearing sometime in the future to discuss the foot path. Bob Smith, 740 Puget Lane, agreed with Mr. Schonenberg that the foot path issue should be dis- cussed at a public hearing. Larry Mannie, 22102 - 98th Ave. W., said he, too, enjoys walking and finds the path through Hindley Lane very pleasant. He failed to see how closing that area to the public would be a service to the people. Mr. Mannie thought the area should become a pathway. Dabney Schonenberg, 750 Melody Lane, said she grew up in Wisconsin where nobody had fences and pedestrians could walk through anybody's yard, and there certainly were not any more incidences of robbery or vandalism. EDMONDS CITY COUNCIL MINUTES Page 7 APRIL 2, 1991 Mayor Naughten closed the public portion of the hearing. In response to Councilmember Hertrich, Mr. Snyder recommended that the Council refer the matter of inclusion of the 6 foot strip in the bicycle paths and trails to the Planning Board so they could include it in the Comprehensive Plan and make a recommendation with respect to the disposi- tion of that parcel. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO UPHOLD THE HEARING EXAMINER'S DECISION TO ELIMINATE THE ROAD RIGHT-OF-WAY FROM THE COMPREHENSIVE PLAN MAP, AND REFER THE MATTER OF INCLUSION OF THE 6 FOOT STRIP IN THE BICYCLE PATHS AND TRAILS TO THE PLANNING BOARD. In response to Councilmember Dwyer, Mr. Snyder did not believe the Council needed to address the two issues simultaneously. He said there is a recorded document confirming the City's owner- ship. He said what the Council was really discussing was how the parcel is to be reflected on the Comprehensive Plan Map. He said the reason for deleting it related to the development of the parcel and how it is reflected on plan documents. Councilmember Dwyer inquired what would occur if the proposed amendment were adopted. Mr. Snyder said the parcel would no longer be reflected in the map; no dedication of right-of-way would be required if any of the properties were developed; and a minor effect would occur with regard to the issuance of building permits. Councilmember Kasper noted that Mr. Johnson wished to modify his garage. Mr. Snyder stated that rights -of -way are calculated in Edmonds from the planned line right-of-way as shown on the Master Street Map and not from the actual right-of-way. He noted that any struc- ture would have to be set back ten feet from something that is not actually there. Councilmember Hertrich was concerned about public usage of the parcel. Mr. Snyder said it would not be affected by the Council's action. He noted that the quantity of the City's legal interest would remain unchanged. Councilmember Dwyer inquired how the City would benefit from amending the OSM at the present time rather than in the near future. Mr. Snyder said there would be no impact on anyone other than someone who wanted to apply for a building permit. MOTION CARRIED. Councilmember Palmer noted that the public is temporarily denied passage through the 6 foot City - owned property because of the need for grass to establish itself. He said the Council should determine whether or not that parcel should continue to be temporarily closed pending a recommen- dation from the Planning Board or whether it should be opened at risk of the newly seeded area. Councilmember Palmer inquired if the City has fully secured the area so that any land owners in the area do not have to police the 6 foot parcel. Mr. Miller replied affirmatively. He said a 4 to 5 foot 'temporary fence has been erected and will remain until Staff is directed to take it down. Councilmember Palmer recommended that the Planning Board review the matter as soon as their sched- ule permits. CONTINUED REPORT ON BRACKETT'S LANDING UPLANDS IMPROVEMENTS (CONTINUED FROM FEBRUARY 5, 1991) � Gt -Parks & Recreation Division Manager Arvilla Ohlde reported that on February 5, 1991, the Council reviewed the designs and specification documents at a 50% completion level. The Council request- A'd la ed that a height indicator be placed at the actual shelter site to provide a visual image of the proposed structure. A twenty foot vertical pole was installed on March 29, as well as corner mar- kers on the ground locating the structure area. Ms. Ohlde said Burlington Northern Railroad was contacted (BNRR) for use of their property for roadways and parking, but they denied the construction of the project. Ms. Ohlde said Staff responded to BNRR, through the recommendation of the City Attorney, that presentation of the roadway and parking improvements was a courtesy to BNRR, but BNRR has not responded to date. Ms. Ohlde noted that the project does not interfere with the railroad operation. Ms. Ohlde said the City Engineer reviewed the plans and was concerned about .the reduction of two to three parking stalls in the drop-off area and the loss of one parking stall in the widening of the southwest area by the anchor display. EDMONDS CITY COUNCIL MINUTES Page 8 APRIL 2, 1991 Ms. Ohlde said it is the recommendation of Staff to authoeiie Atelier, p.s. to complete the con- struction designs and bid documents for the uplands improVements at Brackett's Landing Park. Councilmember Palmer inquired if the footprint of the proposed structure was inside City -owned property entirely. Ms. Ohlde replied affirmatively. Councilmember Palmer noted that the memorandum in the Council packet did not indicate what the City Engineer's recommendation was with regard to his concern about the reduction of parking spaces. Ms. Ohlde said the City Engineer expressed that concern simply to inform the Council that parking stalls would be reduced and he had no recommendation. Councilmember Hertrich inquired why the drop-off area was not located closer to the restroom facility in order to preserve parking spaces. Janice Snowey, Atelier, p.s., said the purpose of the drop-off area was to facilitate divers in loading and unloading their equipment as close to the beach as possible. Councilmember Hertrich inquired if ten-minute zones could be designated for that purpose. He thought it was inappropriate to eliminate parking spaces in order to pro- vide a drop-off area. Ms. Snowey said people are more inclined to ignore a ten-minute zone than a designated area for loading and unloading. Councilmember Hertrich noted that Wolf Bauer had a specific design to reconstruct the horseshoe shaped beach area. He inquired if Atelier was coordinating their efforts with him. Ms. Snowey replied affirmatively. Councilmember Hertrich said he looked at the proposed structure from his car on Sunset Avenue, and he observed that approximately a 180 degree view would be blocked by that structure. Councilmember Wilson said he also looked at the corner markers for the proposed structure, and his thoughts were reenforced that the proposed structure would be an imposition on the natural beach. Councilmember Wilson said he continued to be opposed to the proposed structure. Councilmember Palmer inquired if the area in front of the existing restroom facility must be paved in order for the interpretive shelter to be fully functional. Ms. Snowey said the paving shown' by the half moon would be a reenforced concrete edge to absorb the tide and wave action and the other side would be asphalt. Councilmember Palmer inquired, then, if the area south and west of the curb would be asphalted. Ms. Snowey replied affirmatively. Councilmember Palmer inquired if the area adjacent to the proposed shelter could be left in its natural state rather than as- phalted. Ms. Snowey said that area was proposed to be asphalted to allow access for emergency vehicles. Councilmember Jaech said she was not in favor of constructing another building on the beach be- cause the beach is a small, confined area. Councilmember Kasper suggested that the concept of another building at Brackett's Landing be tabled until the City ascertains where the ferry terminal will ultimately be located. He noted that Brackett's Landing could be redeveloped in the future, depending on where the terminal is located, and he was concerned about the expenditure of money for a project that may not exist in the future. Ms.• Ohlde said her understanding was that the Council's concern was restricted to the proposed shelter. She said, however, if their concern related to the entire project, grant monies were available for the interpretive signage. Councilmember Palmer was disappointed in seeing how much potential paving was associated with the proposed shelter which, he said, made the shelter less attractive to him. Councilmember Jaech clarified that she was in favor of the enhancements to Brackett's Landing with the exception of the proposed shelter. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER FOR DISCUSSION, TO ELIMINATE THE SHELTER FROM CONSIDERATION BEFORE THE COUNCIL AT THE PRESENT TIME. Councilmember Kasper inquired if other enhancements would be pursued. Councilmember Jaech said the motion addressed strictly the shelter, and other enhancements were still before the Council for consideration. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 9 APRIL 2, 1991 In response to Councilmember Palmer, Ms. Snowey said Alternate #1 on the preliminary estimate of probable construction costs represented the shelter. She said the construction documents were developed with the idea that the shelter could be eliminated. Councilmember Palmer said he could support improvements around the existing building and replac- ing the existing paving but he was opposed to extending the asphalt. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO AUTHORIZE ATELIER, P.S. TO COMPLETE THE CONSTRUCTION DESIGNS AS OUTLINED THAT EVENING AND ALSO THE BID DOCUMENTS FOR UPLANDS IMPROVEMENTS AT BRACKETT'S LANDING PARK. 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. PROPOSED RECLASSIFICATION OF ARTS COORDINATOR 'Personnel Manager Brent Hunter noted that a recommendation to reclassify the Arts -Coordinator's position from an NE-9 to an NE-10 was included in the Council packets, as well as a revised job 4 description, a comparison of the Arts Coordinator's salary to similar positions in the City's marketplace cities, and an internal comparison to other professional level positions. Mr. Hunter recommended that the Arts Coordinator be reclassified to the same level as the Athletics/Aquatics Coordinator. Mr. Hunter said the Arts Coordinator is compensated at the same level as other recreational coor- dinators in four of the seven marketplace cities. Mr. Hunter noted that the Arts Coordinator is required to have a college degree plus one year's experience. He said that position is a professional level position that is currently compensated at a lower rate than other similar positions in the City. Mr. Hunter recommended, if the Council was not inclined to reclassify the Arts Coordinator from an NE-9 to an NE-10, that the Council rewrite the Arts Coordinator's job description to reflect clerical support duties, of which she currently delegates a portion to recreational staff. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE RECLASSIFICATION OF THE ARTS COORDINATOR'S POSITION. Councilmember Palmer inquired how the part-time clerk would be affected if the reclassification were approved. Mr. hunter said no change would occur in 1991. Councilmember Palmer believed more emphasis on accountability (responsbility) should be reflected in the Arts Coordinator's job description. Councilmember Wilson said he would vote against the motion because he was not comfortable with the evolution of the position. In response to Councilmember Kasper, Mr. Hunter said the Recreational Coordinator, Athletic Coor- dinator, and Arts Coordinator have different specific responsibilities, but they are not apprecia- bly different to justify the pay difference. Parks & Recreation Manager Arvilla Ohlde added that, in her opinion, the Arts Coordinator's responsibilities are similar in degree to those of the Athletics/Aquatics Coordinator. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER PALMER, COUNCILMEMBER DWYER, COUN- CILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER KASPER IN FAVOR; COUNCILMEMBER WILSON OPPOSED. APPROVAL OF BUDGET FOR AND AUTHORIZATION TO PROCEED WITH PLACEMENT OF ADVERTISEMENT FOR SPACE NEEDS STUDY v Community Services Director Peter Hahn reported that at the March 23, 1991 Council mini -retreat, the City Council placed a high priority on a space needs study of the Civic Center. Mr. Hahn said the Council reviewed a draft of an advertisement for consultant services (included in the Council packets), which would include an evaluation of various architectural alternatives for the campus and renderings or other visual representations of options. Mr. Hahn said it is recommended that the Council budget $40,000 for the study from the Council Contingency Fund, approve a consultant budget, and authorize the first step in the consultant selection. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ACCEPT THE RECOMMENDATION APPROV- ING THE PROPOSED $40,000 CONSULTANT BUDGET AND AUTHORIZE THE FIRST STEP IN CONSULTANT SELECTION. EDMONDS CITY COUNCIL MINUTES Page 10 APRIL 2, 1991 Councilmember Palmer requested that the wording in the first paragraph of the draft reflect con- cepts with and without the existing complex. MOTION CARRIED. pp AUTHORIZATION TO CALL FOR BIDS FOR 1991 STREET OVERLAY PROGRAM ITEM (C) ON THE CONSENT AGENDA Councilmember Hertrich said he was o osed to including83rd Avenue, from 209th Avenue West to 208th Place Southwest, and 209th Avenue North, from 83rd Street southwest to 82nd Avenue West, in the overlay program because they do not comply with the requirement of having curbing on both sides of the street. Councilmember Kasper noted that there is a curb on the west side of the street. He said it was not practical to construct a curb on the east side. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR THE 1991 STREET OVERLAY PROGRAM BUT REMOVE 83RD AVE., FROM 209TH AVE. W. TO 208TH PL. S.W., AND 208TH AVE. N., FROM 83RD ST. S.W. TO 82ND AVE. W., FROM THE OVERLAY PROGRAM. Mr. Hahn said the standard of curbing was tempered by practicality. He noted that the City Engi- neer pointed out why those streets should be overlayed. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER DWYER AND COUNCILMEMBER HERTRICH IN FAVOR; COUNCILMEMBER PALMER, COUNCILMEMBER JAECH, COUNCILMEMBER KASPER AND COUNCILMEMBER WILSON OPPOSED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR THE PRESENTED 1991 STREET OVERLAY PROGRAM. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER PALMER, COUNCILMEMBER JAECH, COUNCILMEMBER KASPER AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER AND COUNCILMEMBER HERTRICH OPPOSED. MAYOR Mayor Naughten said he sent the City of Mukilteo flowers on behalf of the City of Edmonds, Mayor and Edmonds City Council congratulating them for annexing the section of Harbour Pointe into the City of Mukilteo. Mayor Naughten reminded the Council to submit PDC's by April 15th. He referred to a memorandum � from the City Clerk citing the City's code regarding reporting. He inquired if it was the Coun- pw 1_1, cil's intent that all campaign reports be filed with the City Clerk, as well as with the State and County. It was the consensus of the Council to do so, so citizens would not have to go to the County or to Olympia to obtain that information. COUNCIL Council President Palmer expressed concern regarding the horse and carriage proposal from a local downtown business. He recommended that the Public Safety Committee review that proposal. Council President Palmer requested Mayor Naughten, and not a Staff member, to provide a response to the Council regarding the fire truck that was left running and unattended. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO EXCUSE COUNCILMEMBER KASPER'S ABSENCE ON MARCH 12 AND MARCH 19, 1991. MOTION CARRIED. Councilmember Hertrich noted that Police Chief Dan Prinz initiated a program in the public schools educating children on the benefits of wearing a helmet when riding a bicycle. He ex- pressed his appreciation to Chief Prinz. Councilmember Hertrich thanked new employee Steve Daley in the Parks & Recreation Department for expeditiously responding to a complaint regarding unauthorized softball practice the track area. Councilmember Wilson believed that civil service programs throughout the country are going to be reorganized due to the recent and highly publicized police brutality incident in Los Angeles. With regard to annexation of Harbour Pointe into the City of Mukilteo, Councilmember Dwyer said 4)-L41 there is a question whether or.'not Medic 7 will provide service to what is now referred to as 7 "Old Mukilteo". He noted that his position has been that there would be no benefit to Edmonds EDMONDS CITY COUNCIL MINUTES Page 11 APRIL 2, 1991 or Woodway by providing service to that area because emergency vehicles would be too far north. He requested the Council to express their opinion on that issue if they were in disagreement with his position because he believed the issue would become controversial. Councilmember Dwyer felt the minutes of the Council retreat were too detailed regarding the prop- erty acquisition matter and certain people's hierarchy of property. Councilmember Palmer shared the same concern. He was hopeful that the Council would discuss those kind of issues in an execu- tive session in the future. The Council recessed to an executive session at 10.37 p.m. to discuss a property matter and labor negotiations for approximately 15 minutes and adjourned thereafter. THESE MINUTES ARE SUBJECT TO APRIL 16, 1991 APPROVAL. ACQ ELINE G. PARRETT, City Clerk LARRY`"S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 12 APRIL 2, 1991 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7 :0 0 - 10:00 P.M. APRIL 2, 1991 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH 26, 1991 (C) AUTHORIZATION TO CALL FOR BIDS FOR 1991 STREET OVERLAY PROGRAM (D) PROPOSED ORDINANCE 2828 VACATING PORTION OF RIGHT-OF-WAY LOCATED AT INTERSECTION OF 8TH AVE. N. AND DALEY ST. (ST-5-80) (E) PROPOSED ORDINANCE 2829 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE 20.15A.290 TO CLARIFY FEE WAIVER PROVISION FOR SEPA THRESHOLD DETERMINATION (F) AUTHOR.IZATION TO CALL FOR BIDS TO REPLACE CARPETING IN LIBRARY PLAZA ROOM ($14,000) 2. AUDIENCE 3. CONTINUED COUNCIL DELIBERATION ON HEARING EXAMINER'S RECOMMENDATION (15 MINUTES) REGARDING PROPOSED AMENDMENT TO OFFICIAL STREET MAP TO VACATE 25' OF EXISTING 50' RIGHT-OF-WAY OF BEESON PL. IN VICINITY OF 24123 BEESON PL. (ST-2-90/ALBERT ABRAMS) (CONTINUED FROM FEBRUARY 5, 1991) 4. HEARING ON PROPOSAL TO COVER YOST POOL (30 MINUTES) 5.. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED AMEND- (30 MINUTES) MENT TO OFFICIAL STREET MAP TO ELIMINATE A PORTION OF EXISTING RIGHT- OF-WAY OF 8TH AVE. N., SOUTH OF HINDLEY LANE (ST-5-90/ CITY OF EDMONDS). 6. CONTINUED REPORT ON BRACKETT'S LANDING UPLANDS IMPROVEMENT (CONTINUED (15 MINUTES) FROM FEBRUARY 5, 1991) 7. PROPOSED RECLASSIFICATION OF ARTS COORDINATOR (10 MINUTES) 8. APPROVAL OF BUDGET FOR AND AUTHORIZATION TO PROCEED WITH PLACEMENT OF (10 MINUTES) ADVERTISEMENT FOR SPACE NEEDS STUDY 9. MAYOR 10. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE