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06/02/1987 City CouncilTHESE MINUTES SUBJECT TO JUNE 9, 1987 APPROVAL The regular Naughten in lute. PRESENT EDMONDS CITY COUNCIL MINUTES JUNE 2, 1987 meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Larry the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- ABSENT STAFF PRESENT Larry Naughten, Mayor Tracy Scott, Mary Lou Block, Planning Div. Mgr. Jack Wilson, Council Pres. Student Rep. Art Housler, Admin. Svc. Director Steve Dwyer Duane Bowman, Asst. City Planner Laura Hall Jack Weinz, Fire Chief Jo -Anne Jaech Jim Barnes, Parks & Rec. Div. Mgr. Bill Kasper Peter Hahn, Comm. Svc. Director John Nordquist Bob Alberts, City Engineer Lloyd Ostrom Bobby Mills, Public Works Supt. Jerry Hauth, Hydraulics Engineer. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten!recognized County Councilman Bill Brubaker in the audience. CONSENT AGENDA) Items (B) and (F) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) SET JULY 7, 1987 FOR HEARING ON APPEAL OF HEARING EXAMINER DECISION DENYING HEIGHT VARIANCE AT 110 PINE ST. (AP-8-87/SYDNEY LOCKE) (D) ADOPTED ORDINANCE 2621 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 19.55.060 RELATING TO UNIFORM SWIMMING POOL CODE TO EXTEND PERIOD IN WHICH WORK MUST BE COMMENCED FROM 60 TO 180 DAYS (CDC-2-87/CITY OF EDMONDS) (E) FINAL PLAT APPROVAL FOR 10 LOT SUBDIVISION AT 8TH AVE. N. AND ALOHA (P-5-86/ALOHA) 62 (G) APPROVAL OF CONCESSION AGREEMENT FOR ANNUAL JULY 4 BOY SCOUT CHICKEN-Q APPROVAL OF MINUTES OF MAY 26, 1987 [ITEM (B) ON THE CONSENT AGENDA] * Councilmember Hall noted the following additions: page 2, paragraph 5, "Annette Jones said it stinks!"; page 5, paragraph 6, "Councilmember Hall said she spoke with the Department of Ecology in Olympia which gave her statistics as to funding that the City would receive". Councilmember Dwyer made the following corrections: page 4, paragraph 6, "Mr. Hahn said only if appraisals indicated that the present site is more valuable than the site to be purchased"; page 4, paragraph 8, "Councilmember Dwyer inquired if anyone had any reason to believe that it would be more favorable than 18%. No one replied affirmatively"; page 5, paragraph 8, Councilmember Dwyer said it has become apparent that there is no" --omit the word "single" --"reason to believe that moving the site will result in a scenario more beneficial than an 18% to 25% increase over the already projected increased rate". COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE MINUTES AS AMEND- ED. MOTION CARRIED. *See Council Minutes of June 6, 1987 I APPROVAL OF AMENDMENT #1 TO CWC-HDR, INC AGREEMENT ($45,000) [ITEM (F) ON THE CONSENT AGENDA] Councilmember Jaech reiterated that she is not in favor of expending an additional and unneces- sary $45,000 to conduct a study of the Pine Street site for secondary wastewater treatment be- cause: 1) Edmonds citizens indicated in a survey by over 80% that they do not want to absorb the costs the relocate the plant; 2) participating agencies have taken the position that they will not share in the costs to relocate the plant, which will increase the costs to Edmonds citizens, µ y, 3) relocating the plant will increase rates to Edmonds citizens over and above the rate increase for expansion to secondary treatment by over 25%, 4) studies have revealed that the odor emitted from the plant can be alleviated. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (F). * Councilmember Ostrom said he concurred with Councilmember Jaech. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER HALL, COUNCILMEMBER KASPER, COUN- CILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER JAECH, AND COUNCILMEMBER OSTROM OPPOSED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. No public input was offered. Mayor Naughten closed the audience portion of the meeting. REPORT FROM SHELL CREEK BASIN COMMITTEE �G✓l� Mayor Naughten introduced Ray Carveth, Chairman of the Citizens Advisory Committee. Mr. Carveth reported that the Committee was formed several months ago to provide input to the Shell Creek/Chase Lake Subbasin Study and act in an advisory capacity to the study team, URS Consultants. Mr. Carveth said the Committee has worked very diligently in preparing, distribut- ing, and compiling a questionnaire survey of the basins, field trips, and holding a public forum on flooding, drainage, and water quality issues. Mr. Carveth submitted information to the City Clerk who then distributed it to the Council. Mr. Carveth said the Committeeis aspiring to become a role model in addressing sources of pollution and how the issue can be analyzed efficiently and cost effectively. The Committee members are as follows: Ray Carveth, George Walsh, Bob Ahlbeck, Dick Burgoyne, Sonny Hancock, Al Hanson, Susan Sandell, Christie Silver, Stephanie Harris, Dick Shultz, and Jack Serwold. Mr. Carveth referred to the survey, noting that it was randomly mailed to households in each drainage basin. He said 51% of the respondents indicated a desire to be placed on a mailing list to receive additional information and 28% indicated that they had specific water problems. Mr. Carveth said the goal of the Committee is: 1) to identify existing problems, and 2) public education. Mr. Carveth said the Committee does not intend to become a special interest group but, rather, to provide a model for ongoing solutions to flooding, drainage, and other water quality issues. Mr. Carveth submitted a map to the Council which was designed by URS which depicted, by dots, households with water quality problems. He then submitted photographs of households who were experiencing specific problems, which correlated to the dots on the map. Councilmember Kasper inquired about the scope of the Committee. Mr. Carveth said the Committee will address flooding, drainage, and other water quality issues in the drainage basin in South County and the Edmonds/Mountlake Terrace area. Councilmember Wilson inquired if the funding granted to the Committee was sufficient for it to operate effectively. Mr. Carveth said it was his understanding that the budget schedule was on track. He said, however, that the Committee was more concerned that the data gathered by the Committee is utilized and not shelved. He noted that Ms. Silver is a specialist in grant fund- ing, and the Committee is well versed in working with agencies to receive funding. Councilmember Ostrom inquired about the project schedule. Mr. Carveth said the study should be completed in August. He said the results of the study will be presented to the Council at that time, and the Committee then intends to pursue water quality issues. EDMONDS CITY COUNCIL MINUTES *See Council Minutes of June 6, 1987 Page 2 JUNE 2, 1987 Community Services Director Peter Hahn noted that the basin plan will be extended to other basins in Edmonds and is, basically, the first phase of a comprehensive stormwater management plan. He said the City is fortunate to have initiated a management plan at an early stage. He urged the Council join them on a field trip in the Fall. Mr. Carveth said the Committee has been meeting on a weekly basis. The Committee, he said, will gather data, investigate possible sources of funding, identify high priority areas, and present the information to the City. Mr. Carveth requested continued support from the City. He said the Committee would like to publish newsletters for the benefit of interested citizens. Mr. Carveth pointed out that there are no maps available which identify the location of drain- age basins in the City. He noted that the location of drainage basins is crucial in intercepting hazardous waste spills. Councilmember Wilson noted that question number 8 on the survey was unanswered. Mr. Carveth said that question was responded to by residents but was not included in the survey due to the limited space. Councilmember Hall expressed her appreciation to the Committee for assisting in the Study. She said residents who live in Edmonds have grown accustomed to water -related problems. She whole-heartedly supported the Committee. Councilmember Dwyer inquired about the progress of the County's Watershed Management Program. Mrs Carveth said the issue is currently being reviewed, and three public meetings are scheduled in the future. Councilmember Ostrom inquired who the newsletter will be mailed to. Mr. Carveth said it will be sent to people who specifically request additional information. Mayor Naughten noted, for the audience's benefit, that the City identified through a survey that drainage and other water -related problems are the third highest priority amongst Edmonds citi- zens. He said the City entered into a Shell Creek/Chase Lake Subbasin Study with the County to identify the problems in those particular basins. Mayor Naughten commended the Committee for the efforts the members have made thus far and encour- aged them to move forward. Mr. Carveth noted that Edmonds, Mountlake Terrace, and Mukilteo are the only cities State wide who are approaching water -related problems in written form. REVIEW/APPROVAL OF CONTRACT FOR TASTE OF EDMONDS Parks & Recreation Division Manager Jim Barnes reported that the Chamber of Commerce is present- ing its contract for the 1987 Taste of Edmonds Festival. The selected dates are August 14, 15, and 16. The festival organizers have made several modifications from past events in order to have a smoother, safer, and more enjoyable festival with less impact to the neighborhood. Key changes include: 1) closing time has been moved up by one hour to 10 p.m.; 2) a new entertainment area for family and children has been provided next to the Boys' and Girls' Club; 3) the main stage will be modified to provide more access to the entertainment by non -beer and wine garden pa- trons. In addition, more sani-cans will be provided, the style of music will be modified, servings of beer and wine will be smaller portions, soft drinks and coffee will be available in the beer and wine garden, and more frequent breaks in the entertainment have.been planned. Barbara Kindness noted that the Taste of Edmonds is one of the largest fund raisers for the Cham- ber of Commerce. She said proceeds of the event are utilized for holiday decorations. She said the sponsors for this year's event are: the Everett Herald, Coca Cola, KSEA, and one entity who is pending. Ms. Kindness said the Saturday night band is called "Men Working". Councilmember Wilson inquired if Police Chief Dan Prinz was consulted with respect to the pro- grammed events. Ms. Kindness said she was not present at the meeting that Chief Prinz attended, but she said she did address his concerns point by point. Mayor Naughten noted that the servers in the beer and wine garden will be more extensively trained. EDMONDS CITY COUNCIL MINUTES Page 3 JUNE 2, 1987 Councilmember Nordquist inquired if the concerns of the adjacent church have been addressed. Ms. Kindness replied affirmatively. She said she spoke with the priest and suggested alternate sites for their Saturday evening mass. Ms. Kindness said the priest asked her to investigate the feasi- bility of those sites. Councilmember Hall inquired if additional picnic benches will be provided. Ms. Kindness replied affirmatively. Councilmember Jaech noted that the Council was concerned in past years regarding the City's lia- bility. She inquired if that liability has been resolved. City Attorney Scott Snyder said the City always has some exposure for public events. He said it was a situation where the City must attempt to balance the benefits with the measures it takes to alleviate the risk. He said he did not think there was any way to do away with risk liability in a situation such as the Taste of Edmonds and allow the event to continue. Councilmember Jaech inquired if the event could be held at the Civic Center Playfield. Ms. Kindness replied negatively. She said the Health Department requires that events such as the Taste of Edmonds be held on a washable surface. Councilmember Ostrom expressed concern because he said the Taste of Edmonds has evolved from a food tasting event to a beer and wine garden and rock concert event. Ms. Kindness disagreed. She said the main focus of the event is the food and entertainment. She said the beer and wine garden has been blown out of proportion. Ms. Kindness said Mayor Naughten stated last year that he would close the beer and wine garden if complaints were received, but he said he did not re- ceive one complaint. Councilmember Ostrom said that many complaints were received last year through the Police Department. He said he was absolutely opposed to the rock music and beer and wine garden as the main focus of the event. Ms. Kindness noted that proceeds from the food booths go to the concessionaires, and only the proceeds from the beer and wind garden and entry fees to the children's area go to the Chamber of Commerce. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE CONTRACT AS SUBMITTED BY THE EDMONDS CHAMBER OF COMMERCE FOR THE TASTE OF EDMONDS FESTIVAL. Councilmember Dwyer inquired if Police Chief Prinz has approved of the event as planned. Mr. Barnes said although Chief Prinz did not initial the memorandum, he did not submit any specific requirements at Staff meetings when the proposal was reviewed. Mayor Naughten noted that the closing time for the event on Saturday will be moved from 11 p.m. to 10 P.M. Councilmember Hall suggested that a police officer be stationed at the entrance to the beer and wine garden. MOTION CARRIED WITH COUNCILMEMBER OSTROM OPPOSED. Mayor Naughten recognized State Representative John Beck and Port Commissioner Roger Stubbs in the audience. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE TO REDUCE SIDE YARD SETBACK ON PROPERTY LOCATED Al 20828 - 80TH PL. W. AP-7-87/APPELLANT: PATRICK DUFFY .� Assistant City Planner Duane Bowman reported that the City received a complaint in January of 1987 regarding the construction of a carport at 20828 - 80th P1. W. No building permit had been issued for the construction and a stop work order was placed on the project. During Staff re- view, it was discovered that the carport was erected within the required side yard setback. The home owner, Patrick Duffy, applied for a variance to reduce the required side yard setback from 7-1/2 feet to 2 feet 10 inches. The Hearing Examiner held a public hearing on the variance request on April 2, 1987. On April 17, 1987, the Hearing Examiner issued his report denying the requested variance. On May 1, 1987, Mr. Duffy filed an appeal seeking to overturn the Hearing Examiner's decision. Mr. Bowman reviewed a vicinity map of the neighborhood which indicated the location of the appli- cant's property and carport as well as a plan to allow the carport in its present configuration and a plan to scale the carport to align with the existing setback of the home. Mr. Bowman noted that the Hearing Examiner rejected both proposals. Councilmember Dwyer inquired if Staff has made an on -site visit to the subject property to verify Mr. Miller's complaint that his privacy from his master bedroom has been intruded upon. Mr. Bowman said Staff has made an on -site visit but did not make that determination because the issue was subjective. EDMONDS CITY COUNCIL MINUTES Page 4 JUNE 2, 1987 Councilmember Dwyer inquired about the distance from the bedroom to the carport. Mr. Bowman replied approximately eight feet. Mayor Naughten opened the public portion of the hearing. Patricia Duffy, 20828 - 80th PI. W., said she and her husband had a conversation with Mr. Mill- er before the foundation was laid for the carport and Mr. Miller had voiced no objection at that time. She said when the carport was approximately half completed, Mr. Miller complained to a neighbor that drainage from the carport was flowing into his yard and was disturbed that noise was caused when rain fell onto the roof. Ms. Duffy said she felt the differences could be resolved if Mr. Miller spoke with them and modifications could be.made. She said she observed that drainage from the roof did not flow into Mr. Miller's yard. Ms. Duffy submitted thirteen photographs (which were marked as Exhibit #1) of the subject car- port and existing carports in the immediate vicinity to the City Clerk who then distributed them to the Council. Doug Miller, 20830 - 80th Pl. W., said a portion of the carport falls within the property line. He said drainage from the roof of the carport does flow into his yard. Mr. Miller said he did not have a conversation with Mr. Duffy regarding the carport, but they had discussed the construction and location of a concrete slab, which was not in the vicinity of the carport. Mr. Miller said the aesthetics of the carport are unappealing, and it is located only eight feet from his master bedroom window. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE HEARING EXAMINER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW. MOTION CARRIED. (The complete record of the Hearing Examiner is on file in the Planning Department.) * HEARING ON HEARING EXAMINER DECISION REGARDING VARIANCE TO REDUCE SIDE YARD SETBACK ON PROPERTY IncATFO AT M U R - BOTH PI. W.. NORTH OF 212TH. FROM 35 FEET TO 25 FEET ST-3-87/CITY OF Planning Division Manager Mary Lou Block reported that in April, the City Engineering Division initiated an amendment to the Official Street Map to reduce the proposed right-of-way width for 80th P1. W. from 35 feet to 25 feet. The basis for the proposed amendment is set forth in a memorandum from City Engineer Bob Alberts which was included in the Council packets. The right-of-way for 80th Pl. W. is presently between 25 feet and 35 feet in width. The paved width of the street is 20 feet. The proposed amendment to the Official Street Map would elimi- nate the requirement for dedication of 10 feet of right-of-way along the east side of the south- ern 460 feet of 80th P1. W. and would substitute a requirement for a pedestrian and utilities easement along the same 10 feet. The reservation of this easement would provide space necessary to accommodate future utilities and the required public sidewalk. The Hearing Examiner conducted a public hearing on the requested street map amendment. On May 20, 1987, the Hearing Examiner issued his report and recommended approval of the proposed amend- ment to the Official Street Map. * Mr. Bowman said it is Staff's recommendation that the Hearing Examiner.'s recommendation is adopt- ed to amend the Official Street Map to delete the dedication requirement and substitute the re- quirement for a 10 foot pedestrian and utilities easement. Mr. Alberts said the right-of-way is proposed to be reduced because a five-plex project was reviewed and approved by the ADB and conflicts with the Official Street Map and because there are currently no plans to widen the street. Councilmember Kasper expressed concern that information depicting the error which would assist the Council in determining if the solution proposed was the most appropriate solution was not provided to the Council. Mr. Alberts said the affected parcel is located on the northeast corner of 80th Pl. W. and 212th. He said it is the last parcel to be developed on the block. Council - member Kasper inquired about the trip count on 80th. Mr. Alberts replied six cars at peak hour. He noted that the curb returns for a future street were constructed for a 20 foot wide street. Councilmember Kasper inquired if tenants of the adjacent apartment complex exit onto 80th. Mr. Bowman said access is provided on the north end of the lot. *See Council Minutes of June 6, 1987 EDMONDS CITY COUNCIL MINUTES Page 5 JUNE 2, 1987 Mr. Alberts said he has recommended that a sidewalk be installed to eliminate the conflict be- tween pedestrian and vehicular traffic at the intersection as well as to provide safety to elder- ly people who live on that block. Councilmember Kasper inquired how a sidewalk could be constructed adjacent to perpendicular park- ing on the lot to the north. Mr. Alberts said a plan has not been drafted for that area. Councilmember Hall recommended that diagrams be provided to the Council in the future. Mayor Naughten opened the public portion of the meeting. No public input was offered. Mayor Naughten closed the public portion of the meeting. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONTINUE THE ISSUE TO JUNE 9, 1987 TO ALLOW STAFF AN OPPORTUNITY TO PROVIDE THE COUNCIL WITH ADDITIONAL INFORMATION. Councilmember Jaech inquired if the motion was appropriate. City Attorney Scott Snyder replied affirmatively. Councilmember Jaech included in the motion THAT THE PROPOSAL MEET WITH POLICE AND FIRE DEPARTMENT APPROVAL AND THAT THE SAME PARKING PROBLEMS THAT OCCURRED ON 7TH AVENUE DO NOT OCCUR ON BOTH PL. W. IF THE ROAD WIDTH IS REDUCED. The seconder agreed. MOTION CARRIED. (The complete report of the Hearing Examiner is on file in the Planning Depart- ment.) The meeting recessed at 8:30 p.m. and reconvened at 8:37 p.m. HEARING ON BRACKETT'S LANDING WATERFRONT IMPROVEMENTS: JETTY CONSTRUCTION, FERRY DOCK AND BEACH EXPANSION, AND TIDELANDS EXCHANGE Mayor Naughten reported that the cost of the Brackett's Landing Project has been estimated at approximately $388,000. He said the project is a regional project, and the following agencies have committed funds towards the improvements: Federal government - $95,000; State Department of Transportation (DOT) - $191,000; Snohomish County - $47,000; City of Edmonds - $47,000; City of Lynnwood - $5,000; Mountlake Terrace - $3,500; Edmonds School District - amount unknown. Mayor Naughten said the diving community, Main Streets Project Committee, Chamber of Commerce, Beach Ranger Program and other entities have voiced their support for the improvements to Brackett's Landing. Mayor Naughten said the City acquired the property north of the ferry terminal in 1963. The jetty was constructed in 1968 with surplus concrete. He said because it was determined that the jetty was not safe for public use, the Brackett's Landing Task Force was formed to research ways to improve the beach and identify funding sources. Consultant Lee Johnson was hired in 1985. He apprised the City that DOT desired to improve the ferry terminal and suggested that joint efforts be made with regard to the improvements at Brackett's Landing. Mayor Naughten said it was at that time that the enhanced Brackett's Landing Project was conceived. Mayor Naughten depicted the location of the City -owned property on a diagram on the overhead projector. He said 19,000 square feet of City tidelands is necessary for the expansion of the ferry terminal. He said, however, the tidelands cannot be donated or sold but can only be ex- changed for a similar piece of property. Mayor Naughten said the tidelands in front of the Regen- cy Building have been identified as an appropriate and feasible parcel. Mayor Naughten said the jetty is proposed to be relocated 150 feet to the north and expanded to 60 x 460 feet. The new beach area created by the relocation will be filled in with material and will create 43,500 feet of new beach area and 17,200 square feet of tidelands which will be acces- sible to the public. Mayor Naughten said additional parking will be provided at Brackett's Land- ing and the traffic flow will be improved. He said improvements will enable the ferry to load a full boat load of cars onto the dock, thus alleviating traffic congestion through the intersec- tion. Mayor Naughten divulged the partners of the Regency Building as follows: Kevin McHale - 50%, Vinit Chitness - 33.5%, and Anita Dove - 16-2/3%. Mayor Naughten said a series of hearings have been held in connection with the Brackett's Landing Project since 1985. He said there has been much enthusiasm and public support for the project because of the overall gain and public use and ownership of the public beaches. Mayor Naughten read excerpts from the Edmonds Community Development Code Chapter 15 relating to public beaches. EDMONDS CITY COUNCIL MINUTES Page 6 JUNE 2, 1987 He said one of the City's goals is to acquire as much waterfront property as possible for public use. He said ownership of the tidelands fronting the Regency Building would give the City con- trol of that area. He noted that that parcel plays a key role in the exchange of a like parcel which, in turn, will make available $191,000 to the City for the improvements to Brackett's Land- ing; makes available an additional 60,000 square feet of beach area; and improves traffic circula- tion. Planning Division Manager Mary Lou Block stated that the project began in 1979 when the Brackett's Landing Task force identified needed improvements. She noted that 57 events have taken place since 1979 in connection with the project. She highlighted the most significant events as follows: November 1984 - City obtained $95,528 grant from Interagency Committee for Outdoor Recreation (IAC); March 1985 - Consultant Selection Committee selected Lee Johnson Consul- tants with input from Wolf Bauer; the consultants recommended that the jetty be relocated to the north to create a more dynamic and active beach; April 1985 - City and State representatives met to discuss feasibility of joint project; June 1985 - Council authorized Staff to make an application to the Department of Natural Resources for additional funding; July 1985 - Planning Board endorsed Brackett's Landing Project; September 1985 - Council approved revised Brackett's Landing Project concept subject to the condition that DOT and IAC funding was available. Ms. Block said numerous hearings were held with respect to the Shoreline Master Program to fill the beach and on the shoreline permits themselves. Ms. Block said the expanded Brackett's Landing project meets two long-standing goals of the City: 1) enhanced and expanded shoreline -related recreational activities, and 2) expansion of the ferry dock to accommodate a ferry load of cars. Parks & Recreation Division Manager Jim Barnes reviewed the benefits of the project to the City as follows: 1) $191,000 from DOT to construct an enhanced Brackett's Landing jetty project which will result in a longer beach and approximately an acre of sand; 2) approximately 41,000 square feet of tidelands fronting the Regency Building; 3) a new, publicly accessible and usable norther- ly edge to the ferry terminal which will replace the existing sheet pilings with a gradual slop- ing rock and sand revetment; 4) improved traffic circulation on City streets near ferry dock; 5) improved public access and safety of jetty; 6) creation of tide pools for public use; 7) a more protected beach. Mr. Barnes said a new walkway will be constructed which will extend to the jetty and connect with the existing walkway. A picnic shelter and picnic area will also be provided. Mr. Barnes said IAC has informed the City that the grant may not be available if the project is delayed for more than a few weeks. Mr. Bowman narrated a video of Brackett's Landing and the surrounding area. Mr. Johnson said the beach was analyzed very carefully with respect to improvements that were to be made. The consultants, he said, recognized that the beach was too small for public use during summer months and improvements to the jetty were necessary. At the suggestion of the consul- tants, the City and State entered into discussions regarding a joint venture for Brackett's Land- ing improvements. Mr. Johnson said the consultants are working on the final design of both facil- ities at the present time. Mr. Johnson introduced Wolf Bauer, expert in shore resources and development of beach facili- ties. Mr. Bauer explained that the jetty acts as a groin for the pocket beach. He said a pocket beach does not receive very much additional material naturally so it must be physically brought in. He said the body of the existing jetty can be utilized in forming it into the correct orien- tation and design so that waves can refract and form a crescent beach. Mr. Bauer said gravel must be utilized instead of sand to have a porous material during winter storms. He said a beach is most stable when it has the least amount of sand and most amount of gravel. A lower backshore is desirable to minimize erosion. He said if the jetty was not located to the north and the terminal was expanded, a very narrow pocket beach would be created which would have a tendency to accumulate drift logs. Mr. Bauer said the upper portion above the main high water line can be improved with dune grass greenery which will create a more park -like atmosphere. Councilmember Hall inquired if the beach will be more enhanced by combining efforts with DOT and if the scope of work for the consultants will be increased. She also inquired if Mr. Bauer had any concerns that the project has been revised. Mr. Bauer said the plans have not been changed. Councilmember Hall inquired if the improved beach would be adversely impacted if the ferry expansion occurred after improvements had been made to the beach. Mr. Bauer replied negatively. Councilmember Jaech inquired if additional materials will have to be physically brought in rather than relying on sand accretion. Mr. Bauer said sand accretion will occur with each seasonal change but a percentage of gravel will be added. EDMONDS CITY COUNCIL MINUTES Page 7 JUNE 2, 1987 1 Ms. Block introduced DOT representatives Jerry Daniels and Don Nutter. Mr. Nutter, Director of Planning, said he felt the joint effort between the City and the State was an excellent example of interagency cooperation and was a good expenditure of public funds. He commended Lee Johnson and the City Staff in their endeavors in formulating the project. Mr. Nutter clarified that there are several improvements that have been identified in DOT's Six Year Capital Improvement Plan, but beyond the wide and fill there are no connections between any other improvements and the proposed beach project before the Council. He said the overhead load- ing and second slip are independent projects that will stand or fail on their own merit. Mr. Nutter reiterated that the wide and fill will enable DOT to eliminate the practice of control- ling the signal. He said the signal will revert to demand -responsive and not give any advan- tage to ferry traffic. Councilmember Jaech inquired how many lanes would be added to the ferry terminal. Mr. Nutter replied four holding lanes. He said the existing terminal accommodates 65 vehicles, and the widened facility will accommodate approximately 160 vehicles. Councilmember Jaech inquired about the disposition of the existing holding lane upon completion of the ferry improvements. Mr. Nutter said the usage would obviously be lessened but no determination has been made yet as to its disposition. Councilmember Jaech inquired how vehicles will be moved from the current hold- ing lane to the expanded pier. She inquired, also, where the ticket booths will be located. Mr. Nutter said the ticket booths will remain in their present location and will be relocated down as space is made available on the dock. Vehicles will be directed onto the ferry boat on a demand- responsive basis with no preference given to the ferry lanes themselves. Councilmember Jaech inquired about the actual width of the proposed pier. Mr. Nutter replied 160 feet. Coun- cilmember Jaech inquired about the width of the pier support. Mr. Johnson said the width of the existing terminal is 75 feet. The terminal will be expanded another 40 feet, and a walkway on the north side will be 12 feet. The rock revetment will be 30 feet. The total width will be approximately 160 to 170 feet. Councilmember Jaech inquired about the length of the existing terminal. Mr. Johnson replied approximately 80 feet. Councilmember Jaech inquired about DOT's Six Year Capital Improvement Plan. Mr. Nutter said overhead loading for pedestrians and a second slip for backup are proposed. Councilmember Jaech inquired about the height of the overhead structure. Mr. Nutter said the minimum clearance must be 16_ feet above the vehicle loading ramp. Councilmember Jaech inquired the height of the vehicle deck. Mr. Nutter said it must be 16 feet above the roadway surface of the holding area. Councilmember Jaech asked if the overhead structure will be enclosed. Mr. Nutter said a design will be presented at future meetings. Councilmember Jaech expressed concern that past DOT proposals indicated that the overhead struc- ture would be enclosed and would have restaurants and shops. Mr. Nutter said DOT is aware of that concern and will work with the community accordingly. Councilmember Kasper inquired how DOT has addressed the environmental impacts related to the project. Mr. Nutter said DOT is engaged in the permit process at the present time, and shoreline hearings are scheduled in the near future. He said DOT representatives will appear before the Council again for specific approval of the project. Councilmember Kasper expressed concern that the City may become less involved in the decision -mak- ing process of ferry terminal improvements if the State acquires ownership. Mr. Nutter assured Councilmember Kasper that the City has complete control over the shoreline management. Councilmember Jaech requested the City Attorney to expound on the jurisdictional authority of the pier if it is acquired by DOT. City Attorney Scott Snyder said the City does review the Shore- lines Management permits. He said the City's zoning controls, which are a guide in that process, are not absolute limitations on the activities of DOT in terms of height and other uses. Councilmember Dwyer inquired what criteria the City utilizes to review the shoreline management. Mr. Snyder requested a few moments to research that information. Councilmember Jaech inquired about the process the City has engaged in to date regarding a Shore- line Management permit as well as other environmental issues. Ms. Block said all notices for shoreline hearings have been published in the newspapers in the legal section and pink notices have been posted. Ms. Block said the State is the responsible agency for environmental reviews, noting that it has conducted a check list and issued a Declaration of Nonsignificance. In addi- tion, the State contracted with Jack Serwold who conducted an extensive study of all marine organisms and the effect of those organisms of any action proposed by DOT. The City also conduct- ed an extensive survey for its proposed action. EDMONDS CITY COUNCIL MINUTES Page 8 JUNE 2, 1987 In response to Councilmember Dwyer's question, Mr. Snyder said there are two review criteria with respect to shoreline management: The City incorporates Washington Administrative Code provi- sions which contain extensive dimensional criteria and use criteria. In addition, the City makes a determination on whether or not proposed projects meet the policy criteria set forth in the City's Comprehensive Plan, which include review of urban conservancy and the natural environ- ment. Councilmember Jaech inquired if the City could preclude the development of shops on the overhead loading structure of the ferry. Mr. Snyder said if a record was established that deter- mined that an adverse environmental impact would result, then the City could disallow the propos- al. Mr. Hahn noted that the agreement with the State specified that no commercial facilities would be constructed. Councilmember Kasper inquired if the terminal could be widened to the south if the City chose not to swap its tideland to the north. Mr. Nutter said although expansion to the south is not as desirable as to the north, that would be the only alternative. Councilmember Kasper inquired if the second slip would be as lengthy as the slip at Kingston. Mr. Nutter replied negatively. He said the dock at Kingston was designed for better alignment to minimize the time to turn the boat and negotiate the dock. Councilmember Kasper inquired if DOT could specify the actual location of the second slip. Mr. Nutter replied negatively. He said the design has not been drafted yet. Councilmember Jaech inquired if a public pathway existed adjacent to the tidelands fronting the Regency Building. Mr. Snyder said a pedestrian walkway exists across the upland portion for daytime use only but beach access is not available. He said the public easement runs approximate- ly along the boundaries between the Regency Building and the area for swap. Councilmember Jaech inquired about the assessed value of the City -owned tidelands. Mayor Naughten said an apprais- er valued the land at $100,000. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCIL - MEMBER HALL, TO REOPEN THE MEETING. MOTION CARRIED. Mayor Naughten opened the public portion of the hearing. Councilmember Wilson raised a point of order. He inquired if discussion of item #8 on the agen- da, Hearing on hearing Examiner Recommendation on Remanded Review of Proposed Subdivision P-6-86, could be postponed to another date due to the lateness of the hour. Mr. Snyder said State law requires that subdivisions be acted upon within 90 days, noting that June 2 was the 91st day. He suggested that that item be acted upon that evening. Jeff Palmer, 17510 - 76th Ave. W., said Edmonds has been characterized as the "Gem of Puget Sound". He said each citizen is responsible for protecting the City's beauty. Mr. Palmer said the waterfront is one of the reasons its citizens enjoy the City's reputation as a desirable place to live. He said the proposal will improve the usability and accessibility of the beach while providing protection to the environment. Bruce Higgins, 19055 Lago Pl. N.E., Seattle, submitted information relating to the underwater park to the City Clerk who distributed it to the Council. Mr. Higgins said the diving community supports improvements to the ferry terminal. Bruce Agnew, Congressman John Miller's Chief of Staff, and former Snohomish County Councilman, said Snohomish County has chosen to contribute $47,000 to the Brackett's Landing Project because the County has made a policy decision to contribute capital improvements to regional parks and thereby avoid maintenance and operation costs. He pointed out that the County is becoming more involved with city projects because it recognizes that the recreational needs of the citizenry can be addressed. Bill Brubaker, Snohomish County Councilman, said one of the biggest difficulties the County faces at the present time is a lack of funding for maintenance and park facilities. He said the agree- ment between the County and City provides needed park facilities. He urged the City to proceed with park improvements. Barbara Kindness, 212 Skyline Dr., President of the Edmonds Chamber of Commerce, expressed the Chamber's support for the Brackett's Landing Project. She said it will enhance the waterfront and create a more attractive community. Bill McLaughlin, President of Edmonds Main Streets Project, said the Board has strongly recom- mended the revised project. He said the improvements will enhance the quality and utility of the park. Rob Morrison, 250 Beach Pl, said he was strongly in favor of the Brackett's Landing Project. EDMONDS CITY COUNCIL MINUTES Page 9 JUNE 2, 1987 Mr. Morrison inquired if the improvements can be made if the land swap is not made. Mayor Naughten said the City will not receive $191,000 from DOT unless the land swap is made. He said the property exchange enables DOT to' acquire the City -owned property to expand the ferry termi- nal. Mr. Morrison inquired if DOT would defer payment of the $191,000 until it made the im- provements to the terminal. Mr. Hahn replied negatively. He said the money will be allotted upon request by the City, and terminal improvements will be made in coordination with City im- provements, as stated in the contract. Mr. Morrison said the terminal improvements would sig- nificantly and positively affect traffic flows. Roger Hertrich, 1020 Puget Dr., said two people who were signed up relinquished their time to him. Councilmember Wilson raised a point of order. He said the Council was under no obligation to extend the time allotted to Mr. Hertrich. Mayor Naughten granted him an additional three minutes. Mr. Hertrich pointed out that expansion of the ferry terminal and construction of a second slip will restrict the underwater park as well as cause view blockage. He noted that those two issues were not addressed in the environmental study. Mr. Hertrich submitted photographs of areas with view blockage in the City and the Kingston ferry terminal to the Council, as well as other information. Mr. Hertrich said the information that was made available to the public refers to ferry terminal reconstruction and only briefly mentions ferry terminal expansion. He requested the Council to require than an EIS be conducted as well as a traffic study. Mr. Hertrich noted that a survey circulated by the Edmonds Council of Concerned Citizens revealed that 22% of the respondents were in favor of ferry terminal expansion and 78% were opposed. Mr. Hertrich said he did not believe the terminal expansion would benefit the community but be- lieved the Brackett's Landing improvements would. Dave Earling, 17511 Talbot Rd., was in favor of the revised project because he said it would benefit all entities involved and improve the quality of life in Edmonds. Natalie Shippen, 1022 Euclid, said she opposed the creation of a one acre parking lot on the waterfront, the "front door of Edmonds", as well as the second ferry slip. Ms. Shippen said widening of the ferry dock was contrary to three sections of the Edmonds Community Development Code: 1) Conservancy, 2) Transportation, and 3) Beautification and Urban Design. Ms. Shippen said as a resident, she did not want to swap one acre of parking lot for an acre of sand. She said she did not believe that a major traffic problem existed because there were sever- al routes within the City to circumvent the ferry traffic. Ms. Shippen said she did not want to degrade the aesthetic environment to improve the recreational and marine environment and to expe- dite traffic. Dean Nordquist, 111 Elm, said he was in favor of the improvements but not at the cost of view blockage. He said the traffic congestion could be better controlled if the ticket takers at the ferry terminal were trained better. Mr. Nordquist said he was opposed to an expanded parking lot and encouraged the Council to abandon the joint effort with DOT. Jack Serwold, 19818 Maplewood Dr., said he conducted a study with respect to the marine organ- isms and the effect of the project on those organisms. He said the terminal improvements will enhance the marine environment tremendously. He encouraged the City to proceed with the project. Shirley Pauls, 310 Sunset Ave. N., science teacher, said she has worked with the Beach Ranger Program as a coordinator. Ms. Pauls spoke in favor of the Brackett's Landing improvements. She said the project will improve utility of the beach, enhance marine education, and improve the traffic problem. Ken Brown, 219 - 6th Ave. S., expressed concern: 1) that the south end of the wharf cannot be accessed in cases of emergency because the entrance has been padlocked; 2) marine life will be destroyed by jetty relocation; and 3) traffic flows will not be improved. Eleanore Bonanno, 820 Walnut, said she was strongly opposed to the ferry dock expansion. She said the question of whether monies will be available for Brackett's Landing improvements if the land swap is not made has been left unanswered. EDMONDS CITY COUNCIL MINUTES Page 10 JUNE 2, 1987 Councilmember Jaech inquired what the lowest cost to construct an enhanced jetty was. Mr. John- son said the project minus the ferry terminal improvements would cost $380,000. Councilmember Jaech inquired if the improvements could be made in stages. Mr. Bauer replied affirmatively, noting it would cost more in phases. Mr. Snyder stated that the ferry terminal is the dividing line between the urban and conservancy environment. He said the improvements would take place in the urban environment and the expansion in the conservancy environment. Mayor Naughten closed the public portion of the hearing. Councilmember Jaech said testimony that evening indicated that the jetty improvement was favored but not the ferry expansion. She suggested that the funding deficit of $191,000 be made up by creative research in the City budget by Staff. Councilmember Hall recommended that final action be deferred to a later date due to the lateness of the hour. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DEFER ACTION TO JUNE 30, 1987. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO RESCHEDULE ITEM #9 ON THE AGENDA (COUNCIL -RAINIER RATION OF REQUESTJUTOREDUCERE 9 DU1E COMPENSATION OM EN ONION FOR OIEDPROPOSED ALLEY VACATION AT 307 5TH AVE. Because Item #10 (Discussion of 6-Year Transportation Improvement Program) was also scheduled for discussion on June 30 and was placed on the agenda for Council input only, a motion was not. neces- sary to reschedule it. HEARING ON HEARING EXAMINER RECOMMENDATION ON REMANDED REVIEW OF PROPOSED SUBDIVISION AT APPROX- IMATELY 7416 MEADOWDALE BEACH RD. P-6-86/ROBERT ALLEN - EAGLE'S NEST ESTATES Assistant City Planner Duane Bowman reported that on April 21, 1987, the City Council held a public hearing on the eight -lot subdivision request of Robert Allen for property located in the vicinity of 7416 Meadowdale Beach Road. Two issues prevented the City Council from acting on the subdivision. First, Peter Bilder indicated his refusal to give up his current access easement from Meadowdale Beach Road. Since the subdivision was designed on the premise that this access easement would be eliminated, a redesign of the subdivision was required. Secondly, there was dissension over the need and loca- tion of an emergency access easement proposed for the southeastern corner of the property. On May 7, 1987, the Hearing Examiner held a public hearing on the remanded subdivision. The applicant presented a revised preliminary plat which addressed the issue of .the existing access easement to Peter Bilder's residence. The revised plat deleted the proposed lot along Meadow - dale Beach Road and reduced the subdivision to seven lots. All of the new lots comply with the RS-20 zoning requirements. The other issue that was to be addressed by the Hearing Examiner was the need and location for an emergency access easement. The need for the access has been demonstrated at each of the hearings on this matter. Its design and location have been worked and reworked. The Hearing Examiner reiterates the need and finds that the location is reasonable. The remaining issue to be addressed by the Council is whether to require the emergency access easement as a part of the subdivision. It is Staff's recommendation that this requirement remain as an integral element of the development and that the Council adopt the Hearing Examiner's Find- ings and Recommendation to approve the preliminary plat P-6-86 as modified to consist of only seven lots. Mr. Bowman reviewed the original proposal of the subdivision and revised proposal on a plat map on the overhead projector. Councilmember Ostrom inquired about the main access to the subdivision. Mr. Bowman replied via Eagle's Nest Division 2. Councilmember Ostrom inquired why the easement owned by Mr. Bilder could not be utilized as an emergency access. Mr. Bowman said that easement could be developed as an emergency access but Mr. Bilder has expressed a reluctance to release it. Councilmember Dwyer inquired if the Council had the ability to impose a unanimity requirement on the vote to open or remove the gate. City Attorney. Scott Sndyer said it could be undone by simply majority by a future Council if in an ordinance form. He said if it is placed as a condi- tion of the subdivision and on the face of the plat, it would be enforceable by any future EDMONDS CITY COUNCIL MINUTES Page 11 JUNE 2, 1987 owner of the subdivision. He said if Staffs recommendation to reduce the road width was incorpo- rated into an agreement and placed as a covenant in terms of the easement, Mr. Systad could enforce it, as well as his successors in title. Mayor Naughten opened the public portion of the hearing. Herb Carpenter, Reid -Middleton & Associates, said the firm has voluminous material in their of- fice with respect to the easements. He said the evidence clearly indicates that an easement exists from the south edge of Eagle's Nest to 172nd, which would provide the emergency access as recommended by the Fire Department. Mr. Carpenter said because the emergency access has an- gered and traumatized the community to the south that he recommended that it be omitted from the subdivision. Robert Allen said he and his associates, the applicants, intend to live in the subdivision. He said that the Fire Marshal routinely asks for, but does not always receive, emergency access easements for cul-de-sacs and dead end streets. He noted that an emergency access was only a recommendation and not.a requirement of the Fire Department. He said the neighbors to the south are unanimously opposed to the emergency access and the applicants do not wish to build it. Peter Bilder inquired if the subdivision would interfere with his utility services. City Attor- ney Scott Snyder said the development would not affect valid easementswith the PUD. Mr. Bilder said his easement consists of approximately 21,000 square feet. He proposed that his easement be exchanged for a newly created lot #8. Mayor Naughten said that issue was not germane to the hearing and suggested that he discuss that issue with the developer and Planning Department. Earl Morris, 17306 - 73rd Ave. W., said the primary objection to the subdivision is the emergen- cy access. He said he believed City Staff, and not the residents, were the "bad guys" because of Staff's approval of Eagle's Nest. Mr. Morris said the residents are opposed to the emergency access. Dennis Olson, 7517 - 172nd, said he was opposed to the emergency access because it could poten- tially be opened and used as a through street. Dick Angus, 7330 - 172nd, said the proposed emergency access would not be suitable during inclement whether. He said the original access to Eagle's Nest would be more suitable. Carole Massie, 17229 - 72nd Ave. W., opposed the emergency access because of: 1) increased traffic, 2) the roadway is substandard, 3) noise pollution. She said there is a potential that the access could be opened up to through traffic, and she expressed concern for the safety of the children. Councilmember Jaech said testimony has indicated that the emergency access was not desired. She inquired if anyone in the audience disagreed with that statement. No disagreement was noted. Mayor Naughten inquired if it was necessary to continue the public portion since everyone in the audience was in agreement that the emergency access was not desired. City Attorney Scott Snyder said the Council was not obligated to take cumulative testimony, but the public should be allowed to speak if it desired. Gary Hockenson, 7210 - 72nd S.W., said the public would informally agree not to offer addi- tional testimony if the Council agreed to render a decision favorable to them. Fire Chief Jack Weinz said it was not the intent of the Fire Department to create neighborhood problems. He said the only reason the Department recommended the emergency access was to provide protection to the residents. He said the Department could not guarantee that protection without an emergency access. Mr. Bilder inquired why the Fire Department could not utilize the roadway that the residents use to access their homes. Chief Weinz said additional homes are proposed in the area and the provision of an emergency access at that time was appropriate. Tom Maurice, applicant, inquired if residential sprinkler systems provided effective fire protec- tion. Chief Weinz replied affirmatively. Dennis Olson inquired why an emergency access would be a quicker means of accessing the neighbor- hood rather than Meadowdale Beach Road. Chief Weinz said the Department's concern was not neces- sarily a quicker response time but a second means of access in the event that the primary access was not passable. EDMONDS CITY COUNCIL MINUTES Page 12 JUNE 2, 1987 John Wallace, 7521 - 172nd S.W., said he believed that there would be no consideration of the 20 feet easement that he owns if the emergency access was approved. He said that road is a pri- vate road. Muriel McClintock, 17029 - 76th W., inquired why the Council would not accept Mr. Allen's proposal to not build the emergency access. She said the problem would be solved if the access was not required. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO NOT REQUIRE THE EMERGENCY ACCESS AS A CRITERIA FOR APPROVAL OF THE PRELIMINARY PLAT P-6-86 BUT THAT EVERY EFFORT BE MADE TO DEVEL- OP THE EASEMENT THAT WINDS DOWN TO MEADOWDALE BEACH ROAD AS AN EMERGENCY ACCESS AND THAT P-6-86 BE APPROVED IN ACCORDANCE WITH THE HEARING EXAMINER'S FINDINGS. MOTION CARRIED. (The complete report of the Hearing Examiner is on file in the Planning Deparment.) The meeting adjourned at 11:38 p.m. These minutes are subject to June 9, 1987 approval. �ACQUELINE G. PARRETT, City Clerk LARRY S. N UGHTEN, Mayor 1 EDMONDS,CITY COUNCIL MINUTES Page 13 JUNE 2, 1987,