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19790605 City Council Minutes382 • June 5, 1979 The regular meeting of the Edmonds City Council was called to order at'7:40 p.m. by Mayor Harve Harrison in the Wade James Theater. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Charles Dibble,.M.A.A. Mike Herb Leif Larson, Public Works Director Katherine Allen. John LaTourelle, Community Development Director John Nordquist Irene Varney Moran, City Clerk Ray Gould Marlo Foster, Police Chief Tom Carns Jack Weinz, Acting Fire Chief Larry Naughten Fred Herzberg, City Engineer Jim Adams, Asst.- City Engineer Bob Franklin, Tech. Studies Engineer John'Wallace, City Attorney Jackie Parrett, Deputy City Clerk CONSENT .AGENDA MOTION: Councilman Nordquist asked that Item...(:C). be. removed from the Consent... Agenda. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved portion of the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes.of May.29, 1979. (D) Passage of Resolution 443, setting July 17, 1979 for hearing.on petition to vacate portion of right-of-way in excess of 60' along 76th Ave.. W. between 224th S.W. and the intersection of 76th Ave. W. and Pacific. Highway 99, pursuant to P.C. Resolution 623. (File ST-4-79) (E) Passage of Resolution 444, setting July 17, 1979 for hearing on petition to vacate -portion of North Meadowdale.Rd. which lies between.the NW corner of Tract 48 and the SE corner of Tract 48, pursuant to P.C. Resolution 617A. (File ST-2-79) (F) Setting date of June 19, 1979.-for hearing.on P.C. Resolution.619, recommending approval of an -amendment to the Official Street Map to remove a proposed street extension of 175th St. S.W,'Tract 141. (File ST-7-79) (G) Acknowledgment of receipt. of Claim for Damages from Frances Fowler in the amount of $14.95. PROPOSED RESOLUTION SETTING DATE OF JULY.17, 1979. FOR HEARING*ON VACATING RIGHT-OF-WAY OF REPEALED LID TO'ESTABLISH'A STREET NORTH OF 199TH ST. S.W. AND..WEST OF 76TH AVE. W., PURSUANT TO P.C. RESOLUTION 620 File ST=8-79 Councilman Nordquist requested that the Staff provide maps for this item and the others for which hearings were set so the'Council can determine the locations of the properties, including the MOTION: correct side of the street. COUNCILMAN NORDQUIST THEN MOVED, SECONDED BY COUNCILMAN CARNS, TO APPROVE ITEMJC) ON THE CONSENT AGENDA; PASSING RESOLUTION 442. MOTION CARRIED. Councilwoman Allen was not present for the vote, arriving directly after it was taken. COUNCIL Councilman Gould.announced that Councilman -Herb had advised him.that.he was attending his • daughter's graduation this evening and expected to arrive -.at the Council meeting at approximately 9:00 p.m. (Councilman Herb arrived at 9:15 p.m:) Councilman Gould noted that a safety manual had -been prepared by the City of Edmonds Safety Committee, entitled Let's See That Fellow Employees Take Safety Seriously,.which he felt was a very fine effort of the City staff, employees, and Safety Committee —He noted that the City's loss control representative had commended the City very highly for this manual, and that it MOTION: helps to keep the City's insurance rates lower. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE -SAFETY COMMITTEE BE COMMENDED FOR ITS FINE EFFORT IN. PREPARING THE CURRENT SAFETY MANUAL. MOTION CARRIED. Councilman Gould said he had been given a li.quor licence application, the applicants being future tenants of a piece,of property owned by Mayor Harrison, so Mayor Harrison had.indicated he wished to be excused while this itemlis discussed. Mayor Harrison left the rostrum. In his capacity as Mayor Pro tem, Councilman Gould.read the application and the Police Chief's report. The applicants were Jean Braana and Claude Faure who .had operated The Riviera and Chez Claude restaurants, respectively; and,who had._no previous violations. They plan to have a restaurant in a building which will be built at 115 2nd Ave. N., across from the Post Office, and their application was for a Class H license.- This is in the BC zone and there are no churches or schools nearby. The Police Chief recommended approval of the application. COUNCILMAN CARNS MOTION: MOVED, SECONDED BY COUNCILMAN NAUGHTEN.,. TO.APPROVE THE APPLICATION OF JEAN BRAANA AND CLAUDE FAURE FOR A CLASS.H LIQUOR LICENSE AT..11.5 2ND.AVE. N. MOTION CARRIED. _Mayor Harrison returned to the rostrum. Councilman.Gould inquired as to the plans for replacement of the.Fire Chief. Mayor Harrison responded that he would like to call an Executive Session..following this evening's meeting to discuss that and the organization of the Fire Department. 3 • June 5 1979 - continued Councilman Carns said he had been.advised that Seaview Park -had been closed to some girls' softball teams at;8:00 p:m:.last.week., Mayor Harrison responded that he had the park closed at 8:00 p.m. because the neighborhood is having problems with noise, litter, and-parking......Councilman Carns stated that the Council had taken action on March-.28,.197.8 regardi'ng,;th,i's park and he felt changes should not be made without. the matter going back.to.the Council-. It was..the.Mayor's..opinion that the direction of the Council was being followed. Counci.lman.Nordquist noted -that -this problem. recently had been referred to the Park Board for recommendations. It was requested that when the Park Board recommenda- tions are provided to the Council that the Council minutes of March 28, 1978 also be provided. MOTION: COUNCILMAN CARNS'MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT..THE PARK BOARD'S RECOMMENDATION REGARDING THE CLOSING HOURS OF SEAVIEW PARK'BE.PLACED.ON THE JULY 10,. 1.97.9 AGENDA. MOTION CARRIED. Councilman Nordquist noted a discussion,of.the use of -power...boats.on..Lake Ballinger was scheduled for June'19, but the County ordinance restricting power boats..from..Lake Ballinger has now been MOTION: upheld, so there is no need for that discussion. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO STRIKE FROM THE JUNE 19 AGENDA THE ITEM REGARDING POWER BOATS ON LAKE BALLINGER. MOTION CARRIED. Co-6ncilman:Nordquist noted that,ther.e was only one item scheduled for the July 3 agenda. He said he will be out of town and not affected, but since the holiday.wil,l-be in the.middle of the week, and because there are five Tuesdays in July, and in order to give the Staff some relief,.he thought it MOTION:.would be appropriate to cancel the July meeting. COUNCILMAN-NORDQUIST THEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO CANCEL THE.JULY.31,.1979 COUNCIL MEETING AND TO RESCHEDULE TO JULY.10, 1979 THE REVIEW OF CLOSING HOURS OF BRACKETT'S LANDING AND UNION O.IL BEACH PARKING LOTS. Councilman Ca4lih§ felt that Council meetings should not be cancelled.. THE MOTION THEN CARRIED, WITH COUNCILMAN CARNS VOTING NO. Councilman Nordquist noted that Council Participation had been getting quite long and he suggested • the meetings may not be so lengthy if this item were placed at.the end of the agenda. He suggested that some problems could be resolved by a telephone call or memo to the appropriate Staff member. MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED.BY.-000NCILWOMAN ALLEN,.THAT FOR A THREE-MONTH PERIOD COUNCIL PARTICIPATION BE PLACED AT THE END OF THE AGENDA, WITH THIS CHANGE -BEING REVIEWED AT THE OCTOBER 2, 1979`MEETING. MOTION CARRIED. Councilman Gould noted that there -will be some items, such as announcements, that can. -:be :given to°- the. Mayor. MAYOR - Mayor Harrison read a memorandum from.the Police Chief indicating:the Port of Edmonds had requested expanded security services, increasing the hours from eight to fifteen per day, with a -suggested -fee of $3,600 per month which is twice the current fee. Chief Foster- said the suggested fee would cover only the cost of wages and benefits for three employees,�plus a small amount for vehicle rental, using an obsolete or spare police car. He felt the lack:of.administrative or supervisory charges was mitigated by benefit to the Police Department in that.a uniformed police officer would be a crime deterrent in the increasingly busy and critical waterfront area. He noted that these security officers are trained as reserve police officers and serve as backup officers for the regular officers in and adjacent to the waterfront. They fall into'a special category in the wage manual, that of "Security -Employees," which are in a. lower grade than police officers. They do not fall under LEOFF, but they are included in the Port's insurance and the City's false arrest insurance. COUNCILMAN MOTION: CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO AUTHORIZE THE.MAYOR TO EXECUTE AN AMENDMENT TO THE "AGREEMENT FOR SECURITY PERSONNEL" TO PROVIDE FOR AN.INCREASE-,IN HOURS FROM EIGHT TO FIFTEEN PER DAY AND AN INCREASE IN THE AGREED FEE.FROM $1,800 TO $3,600 PER,.MONTH. MOTION CARRIED. Mayor Harrison announced that there are.two vacancies on the Edmonds Arts Commission and the candidates would -:be available for interview in.his office at 7:00 p.m..,.June 11, 1979, just prior to the Council meeting. • Mayor Harrison had received a proposal .from Marilyn M. Smith to operate a small raft and innertube concession at Brackett's Landing. The Parks and Recreation.Division Staff had no objections to such a concession, provided certain restrictions were met. These..were enumerated. It was noted that there is no lifeguard service at Brackett's Landing, and.the dangers and liability were discussed. MOTION: COUNCILMAN NAUGHTEN MOVED, SECONDED BY.000NCILWOMAN ALLEN,.THAT.THE REQUEST FOR A RAFT AND INNERTUBE CONCESSION AT BRACKETT'S LANDING BE DENIED UNLESS THERE IS BETTER JUSTIFICATION, BECAUSE THE LIABILITY IS TOO GREAT TO HAVE SUCH A CONCESSION ON THE BEACH. MOTION.CARRIED. AUDIENCE Roger Hertrich of 1020 Puget Dr. asked about the status of the requested response from the State Highway Department regarding 196th St. City Engineer Fred.Herzberg responded that their letter had not yet been received although it had been expected this.da.te. He said the State had assured them that no matter what decisions are made on the designs of Phase II, Phase I would not be affected. Regarding the drainage on Phase I, Mr.'Hertrich said he had.been advised that the Highway Department had applied for a hydraulic.permit from.the State Fisheries Department, and they were requesting their design as discussed previously where all the drainage.would exit at "the berm at Olympic and 196th. Mr. Hertrich said it was his understanding that the -City would take care of the runoff problem, and that had to do':with,a settling pond rather than.dra,ipage into:'the,c'reek. Mr. Herzberg was unaware -of such"6n,application having been made but he said -if such an application were approved then the Fisheries Department would feel there is no problem', and if it were 'not approved the State Highway Department would have to do.something to correct it......Councilman Carns said the Council had approprj�ted funds for drainage retention at Maplewood Pa.rk,_and:the State could not override that but would have to come to the Council for any changes. .Mr.,.Herzberg noted that the holding pond is a City operation and not a part of the.State's plan. Mr...Hertrich,felt there were some unanswered questions, and Councilman Carns agreed, suggesting that the. Engineering Department investigate and report back to the Council. Paul Roy of 840 Alder noted.that several years ago he had included a holding pond for drainage'on some property where he constructed a:.home and the neighbors had complained that it... was a hazard so he had to eliminate it. He asked .if.any ponds the City constructed would be fenced.Mayor Harrison responded that they more than likely would be. 384' June 5, 1979 - continued • HEARING ON'CITY OF EDMONDS DRAINAGE SYSTEM PLAN City Engineer Fred Herzberg introduced.his assistant, Jim Adams-, and Technical Studies -Engineer Bob Franklin who had been concentrating.their efforts on the drainage problems in the City. Mr. Herzberg then gave a slide presentation to illustrate the storm water problems in the City and an overview of the storm water management. He noted that there..is no provision in the existing Drainage Ordinance for maintenance.of retention systems, and.they will be recommending that such be included. They also will be recommending that lots under 5,000 sq. ft. be required to provide'on-site drainage management and that erosion control be included in the ordinance. He described things the citizens -could do'to help manage storm water and forms were furnished so citizens could indicate their drainage problems. He said a project list will be developed and prioritized and.a revenue bond issue will be recommended to fund the work, which probably will involve an increase in water rates. The hearing was then opened for public comment. Sonny Hancock of 1028 Cascade Lane said that during the November rainstorm his wife called the City and the lady who answered said they did not have time to take names and addresses, and when she tried again she never could get through. He said that at.the time Olympic was improved a 24" culvert was installed which emptied into the 18" culvert which the City had previously installed on his property, and during the November rainstorm the 18" culvert could not take the water from the 24" culvert, resulting in a lot of damage. The insurance company had rejected his claim because that was classified as a 20 year storm,'and the same thing had happened again in April. John Johnson of 16122 72nd Ave. W. said he gets the storm water from the Westmont View development. He expressed appreciation to Bob Franklin who had toured his area to see the 'destruction that had occurred. He said the pond on his property used to be 5'- 6' deep and it now is filled with silt. John Haberpointer of 1010 Cascade Dr. said he also had a lot of damage and the insurance company would not -cover it. Carol Payne of 1514'9th N. said that during the April storm she had to jump in the creek and move logs that had washed from her neighbor's yard and were blocking the stream. She said they also get runoff from the street. Virginia Olson of 548 3rd N. said she had been talking to the City about water problems since shebought her property in 1973 as she had many problems with runoff, especially from the ..pa.rking:lot of the Chelsea Park Apartments. She said a catch basin was installed last summer in the wrong place and the water runs under her foundation. She submitted photographs and said she had submitted drawings and letters previously. Paul Roy of 840 Alder said people want to landscape streams on their properties but they don't take into consideration that it will rain. He said there is no way that a storm such as the November one will be contained. He said he had put small retention systems in on some properties where he had built but until they are managed so they are kept clean they will not be effective. He asked if the $200 water meter fee was not intended for this, and Mayor Harrison responded that it was for the water supply lines, not drainage. George Walch of 739 Sprague, a member of the Shell Creek Homeowners' Association, called on several people from the Shell Creek area to speak. They included Peggy Hardesty of 757 Sprague, Bill Whiteside of 747 Sprague, Ned Adams of 750 Daley, Bob Glenwood of 759 Daley, and Eugene Adamson of 625 Aloha Way.. They spoke of the damage the November storm had caused, tearing down a fence, destroying landscaping, and depositing silt and sediment as well as materials picked up in water flow. Mr. Adams said there is no longer a stream bed on the lower reaches of Shell Creek because.of the silt and sediment from storms this winter. He had moved into his home in April 1978 and at that time the creek ran under a log, 611- 8" below the log. Now the log is covered and there is no channel. He recommended consideration be given to finding funds to dig out the channel on the lower end of Shell Creek and to install another 24" culvert where Daley crosses Caspers. Mr. Herzberg said a retention pond upstream would slow the water and collect some of the silt, and increasing the size of the culvert sometimes is necessary. He did not believe they could clean out stream beds on private property. Mr. Glenwood said he was so concerned because of the damage that had occurred that any rainfall worries him, and even this morning when -it was raining he went back home to check the situation as his basement gets flooded in several minutes and his children are not allowed to be in his basement now. He said he is digging a trench 120' long and 3'x 2' on.his property to try to deter the flow. He said he had asked for.a grating to keep the culvert from being blocked by logs. Public Works Director Leif Larson said the runoff through Shell Park is not causing as mucb.,damage as the runoff north of Main St., and Main St. itself causes a lot of runoff. He said -additional retention may be needed.in Yost Park, although the vegetation there has a retaining effect.- George Walch displayed a drawing to illustrate the problems these people had discussed, and he felt the City was creating a holding pond from their yards because of larger culverts feeding in and smaller ones going out -of the basin. He agreed that a long-term solution should be established but in the meantime he said they needed a short-term solution. Mr. Adamson noted that a new home is being built near the culvert at 81.3 7th N. and the owner is using big rocks to straighten the stream. He felt that should be checked as some of those rocks could be washed into the culvert. Mr. Adamson was asked if the volume of the stream or the turbidity -had changed in recent years and he said they had not except during storm periods. Ron Wachs of loll 12th Ave. N. said there had been three storms in the past three years that had caused -him serious damage, amounting to $9,000. He said Bob Franklin had been out to investigate. Mr-. Franklin said a very local improvement had been prepared for that problem, consisting of a catch basin located upstream of a neighbor's driveway through which the water goes. Also, on the east 'side of 12th Ave. N. an interceptor system was being considered. Gladys O'Toole of 20114 88th Ave. W., between 201st and 202nd and below the Maplewood School, said she lives in a dip between 201st and 202nd and a ditch there holds the water and it stagnates. She said water backs up under her house. She felt 202nd was being taken care of by a new development there but that 201st needed attention. Stuart Maxin of 1031 Carol Way said the storm sewer on Olympic does not take all of the water and it runs off Olympic to the neighbor east.of.him, then to him because he is lower, and then to his next neighbor who has the worst problem because he has a basement which floods. He suggested a short-term solution would be a revision of the curbing along the west side of Olympic, but that would not be a long-term solution. He said there is a stream to the south of him that does not cause any problem. An unidentified gentleman at 212 loth Pl. N. said Shell Creek goes from one side of his property to the other and on November 3 he was watching the flood. He said there were no obstructions Fj 1 0 1 0 1 LJ n c f5) • June 5, 1979 - continued there and it backed up like it was a lake, so he understood why the people below had a flood. He said the flow of Shell Creek had not changed in the l-7 years he.had lived there, it was just that one night. Brad Bradley of 718 Hindley Lane said that on the -November and April storm dates his property was damaged in the amount of $12,000 and.he-has about 200 yards of silt to.remove. He felt if the water. could be retained in the creek then half the battle would be won....Wi1bur Brock of 840.Hindley Lane said the tendency towards flash flooding had.increased as building has increased, and the last development in that area was the straw that broke .the.camel's back. He suggested that no more building permits be issued -for that area until a large trunk line is installed.to take the water to the Sound. He said the flow.of Shell Creek has not changed over the years.except.during storm periods, when it becomes unmanageable. Brad Bradley 'agreed, saying he had the University of Washington hydraulics people check it and the flow has not changed. He also agreed that .the development east of 9th had caused the problem. Mayor Harrison called for a.recess at 10:05 p.m., and following the recess reconvened the hearing at 10:15 p.m: A question was asked as to whether consideration..had.been given to pollutants entering the streams. Mr. Herzberg said.gas stations have separators to separate the gas and oil but of course streetrunoff also would have -those pollutants. 'It was noted that continual studies are being made to improve the technology of handling runoff.. Robert Brown of 1037 Glen said he lives at the bottom of the main hill on Olympic.and he does not have a flood problem, but if everyone above him enlarges their culverts and c.leans.out their streams'he will have a problem. He did not believe detention storage was a .viable solution but that the City would have to go into the smaller lots and make those people retain their own water. He -noted that a major -development north of Emerald Hills will contribute to the runoff at Olympic. .One of the.ladies from the Shell Creek area expressed the feeling that their area was being used as a holding pond because of the 48" culvert that had been installed there. Mr..Larson assured her that was not the case, saying that large pipe had been put there in an emergency when it was the only pipe available.. The public portion of the hearing was then closed. Councilman Gould felt the Staff should now give the Council a priori.tized.plan with • MOTION: some alternatives as to what can be done both short-term and long-term. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, THAT A REPORT FROM THE ENGINEERING DIVISION BE SCHEDULED FOR JULY 30, 1979. Mr. Herzberg cautioned that it will take some time to develop long-term plans but they could present something for the short-term in that period.. THE.MOTION CARRIED. - APPOINTMENT TO FILL COUNCIL VACANCY City Attorney John Wallace explained the procedure of filling.the vacancy. Before voting, nominations MOTION: must be presented by the Council. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT THE FOLLOWING PEOPLE BE NOMINATED.AS CANDIDATES FOR THE CITY COUNCIL.VACANCY: DEREK P..-HILL, LAURA HALL, KEN ROSE, JOHN BECK, LYLE KRUEGER, JOHN McGIBBON, DON MARTIN, SCOTT WHITCUTT, WILLIAM J. KASPER, AND STEPHEN J. DWYER. (This included all applicants.) MOTION CARRIED. Seven ballots were taken, as follows: First Ballot: John McGibbon 2 Stephen J.. Dwyer 1 Laura Hall 1 Lyle Krueger 1 William J. Kasper 1 Second Ballot: William J.. Kasper 2 John Beck. 1 John McGibbon 2 Stephen J. Dwyer 1 Third Ballot: Stephen.J...Dwyer 1 John McGibbon 2 • William J. Kasper 2 Laura Hall 1 Fourth Ballot: William J. Kasper 3 John McGibbon 2 Stephen J. Dwyer 1 Fifth Ballot: John Beck 1 John. McGibbon 2 William J. Kasper 2 Stephen J. Dwyer 1 Sixth Ballot:. William.J. Kasper 3 Stephen J. Dwyer 1 John McGibbon 2 Seventh Ballot: William J. Kasper 4 John McGibbon 2 William J. Kasper was elected.to..fil.l..the City Council vacancy on the seventh ballot. Mr.::Kasper will take the oath of office at.the•June 11, 1979 Counci.l.meeting. There was no further business to come.before the.Council, and the meeting adjourned to Executive Session at 10:40 p.m. IRE E VARN MORAN, 7L-J Cit '_.:Clerk HARVE HA RISON, Mayor •