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19841009 City Council MinutesOctober 9, 1984 - Work Meeting The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry _ Naughten.in the Plaza Meeting Room of.the.Edmonds Library", All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Larry Naughten, Mayor Laura Hall Pat LeMay, Personnel Director Jo -Anne Jaech Bobby Mills, Actg. Pub. Wks. Supt. Steve Dwyer Art Housler, Admin. Svcs. Director Bill Kasper Steve Simpson, Parks & Rec. Dir. John Nordquist Linda McCrystal, Info/Arts Coord. Lloyd Ostrom Linda Sullivan, Landscape Designer Jack Wilson Jim Adams, City Engineer Suzanne Adams, Student Rep. Dale Schroeder, Engineering Coord. Mary Lou Block, Planning Director Dan Prinz, Police Chief Jack Weinz, Fire Chief Is 4 91'. October 9, 1984 - continued STAFF PRESENT (continued) Jackie Parrett, City Clerk Scott Snyder, City Attorney Shirlie Witzel, Recorder Mayor Naughten asked Parks & Recreation Director Steve Simpson to introduce Paul. Watson. Mr. Simpson introduced Mr. Watson and his father, Tony Watson, who are visiting Edmonds on their way to San Diego, seeking support for their activities in connection with saving the whales. Mr. Watson addressed the Council asking for their endorsement of a petition asking Japan to ban whaling. Although the Council felt their endorsement as a whole would not be appropriate, they indicated willingness individually to support and endorse Mr. Watson's pupose. Mr. Watson invited the Council to attend the dedication of a mural he and his father are painting in Seattle. CONSENT AGENDA Items (B) and.(E) were withdrawn from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO..APPROVE.THE BALANCE OF THE CONSENT.AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (C) Final acceptance.of work by Associated Glass, Inc., for Schedule I --Boys' Club Renovation, and setting a 30-day retainage period. (D) Authorization to share costs of revitalization of Lake Ballinger ($3,410). • (F) Acceptance of Quit Claim Deed for Street Right-of-way from Hansell Enterprises, Inc. (S-28-83) APPROVAL.OF MINUTES OF SEPTEMBER 19, 1984 AND OCTOBER 2, 1984 [Item (B) on Consent Agenda] Councilmember Dwyer noted.that references to City Attorney Scott Snyder as Mr. Scott on page 7, paragraph 8; and page 8, paragraph 4; should be corrected to read "Mr. Snyder." Councilmember Kasper asked that page 2, paragraph 3, line 10,.be corrected to read "He indicated his personal support of the resolution". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE MINUTES OF SEPTEMBER 19, 1984 AS CORRECTED. MOTION CARRIED. Councilmember Kasper asked that page 6; paragraph 7, of the October 2, 1984 minutes be corrected'to include "RESULTING IN A TIE VOTE. CITY -ATTORNEY SCOTT SNYDER ADVISED THE MAYOR THAT HE COULD VOTE TO BREAK THE TIE SINCE THIS WAS NOT A MONEY ISSUE." Since there was a question concerning the exact words used by Mr. Snyder and he was not yet present in the Council room, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ACCEPT THE MINUTES.OF OCTOBER 2, 1984 WITH A PROVISION THAT THE RECORDER PROVIDE A VERBATIM TRANSCRIPT OF THE PARAGRAPH IN QUESTION AT THE NEXT MEETING. MOTION CARRIED. APPROVAL.TO TRANSFER $10,000 FROM THE COUNCIL CONTINGENCY.FUND TO THE FIREBOAT OPERATING FUND [Item TE7 on Consent Agen a Councilmember Jaech removed this item since it had been rescheduled for .the October 23 meeting. PRESENTATION BY EDMONDS POSTMASTER TOM SNYDER Mayor Naughten proclaimed October 1984 as National Stamp Collection Month and presented the framed proclamation to Mr. Snyder. Mr Snyder in turn presented the Mayor with a Postal Service Guide to U. S. Stamps, a book entitled "Golden Moments in Collecting U. S. 1984 Commemorative Olympic Issues," and a framed montage commemorating the 100th anniversary of the Edmonds Post Office. Mayor Naughten said the presentations will be displayed at City Hall. PLANNING BOARD RECOMMENDATIONS REGARDING..LAKE BALLINGER ACCESS Mr. Simpson.reviewed the chain of. events leading to .the Lake Ballinger access question and his department".s-.' recommendation that a`nlaster plan.and cost estimates_ for the Lake Ballinger street -end be developed based upon recommendations contained in the Community Club letter. The president of the Lake Ballinger Community Club was invited to read that letter. Carol Chapman, President of.the Lake Ballinger Community Club, read the letter, which recommended the street -end be cleaned up,by the City and landscaping of sod or rockeries be considered to en- hance the beauty of.the area. She continued with the recommendation that a sign noting the hours of operation and a sign directing larger boats to the .Mountlake Terrace boat ramp be installed. The club also recommended installation of bollards or posts to restrict car access to the lake, this action to be evaluated by the Council and residents at the end of one year. In response to questions from the Council, Ms. Chapman said the residents would like to prevent any auto access to the lake, but small hand -carried boats would be acceptable and could be slid to the water on the sod. They would like to deny access to autos with large trailers because the street - end is approximately 170' long and it is difficult to back a trailer that far without damaging adjacent fences. She said there is no turnaround. She suggested the placement of the proposed bollards would provide room for a few load/unload spaces but not for parking. Asked about a.specifi.c plan,for the area, Mr. Simpson said the staff has no specific plan at this time. They would like to.take•into consideration the general ideas agreed upon in community dis- cussions and Council wishes before attempting another design for the area. 492 October 9, 1984 - continued • Councilmember Ostrom observed that the recommendations are good and believes something must be done about the continuing nuisance. Supporting the recommendations presented, Councilmember Jaech also suggested large boulders, to protect adjacent fences, be placed on either side of any space provided for loading/unloading boats. Councilmember Wilson asked what funding would be required. Mr. Simpson replied that the amount should be less than the original estimate of $10-12,000, but he had no idea what the final figure would be. Councilmember Wilson.continued that the facility would effectively be closed if the recommendations were followed and, if that were done, the maintenance costs should be minimal. Councilmember Kasper said he would,not support a design that would not allow small boats to be launched from that site. It is a public boat launch and,should stay that way. Councilmember Wilson agreed. Councilmember Nordquist commented that residents at Lake Ballinger, over the years, had asked the City for assistance, from erecting a sign barring horses from the lake access to a proposal to pur- chase property for lake access., and the City had erected some signs but had never made any effort to purchase property. He noted that the property developed by Mountlake Terrace on the east side of the lake provides access for larger boats and believes this street -end should not be considered as Edmonds' answer to a Lake Ballinger access. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO OPEN THE MEETING TO PUBLIC COMMENT. MOTION CARRIED. Ron Howard, 23823.74th Ave. W.., submitted a,picture of a large boat of the type frequently seen on Lake Ballinger, which had been limited to electric motors and rowboats. He said Lake Ballinger Community Club is not the local.representative for the Lake Ballinger area involved in the Lake access problem.. He had been nominatedto speak for the group before the Planning Board meetings and City staff.meetings. He noted that the concerns expressed by the residents have not been presented to the Council. Mr. Howard read a letter signed by 61 people requesting that this street -end be closed to the abusive use it has received during the past several years. The letter requested installation of a cyclone fence and gate on McAleer Way to be supervised by the Police Department with hours consistent with the gate at Union Oil Beach. Another recommendation involved a load/unload zone for car -top boats with a "Tow -Away Zone" sign to discourage all -day parking. The signators also requested that no other improvements be made for one year following installation of agate to allow time for evaluation of these efforts. The letter also set forth portions of the Community Development Code relating to Section 15.37.010 B and C 4, 6, and 7 and section 15.37.030 C 4. Mr. Howard said they are willing to compromise and would withdraw their request for a locked gate but do not wish any improvements such as sod or plantings to be undertaken. He said they are afraid a park would be created and the use would increase. He added there is no room for parking, no swimming is allowed, and it is impossible to fish from the access. They do not want to discourage use of hand - carried boats. He said they would.agree to installation of the bollards in place of the gate since they had been advised that obtaining a gate would prove difficult. Linda Sullivan, Landscape Designer for the City of Edmonds, reviewed the meetings she had with the residents of the area and enumerated the problems she had seen with the request for a gate at the site. She said there were many different opinions within the community and doubted that any one person could adequately represent the entire area. Mr. Simpson remarked that a decision as to whether this is a park or a street -end should be made. If this is to be considered a park, he believes it should be improved and made visually attractive; otherwise, if it is to be considered a street -end, the Street Department should control it. Councilmember Jaech commented that when the street -end accesses were reviewed they were not consi- dered as parks, were to be left in their natural state and, in some cases, signage was discouraged. Councilmember Ostrom agreed with this view and believed the area should be considered as a pedes- trian access to the lake. He suggested the different alternatives be presented during a public hearing. Councilmember Kasper said this is not a park and may just be a problem for the Street Department as well as a police enforcement problem. Mr. Simpson said the cheapest means of enforcement is through the design of the site, which will encourage certain types of use and discourage others. Council - member Ostrom reiterated that.there is an enforcement problem in relation to the broken bottles and late -night parties which will not be solved with the bollards. Police Chief Dan Prinz agreed that this is an enforcement problem. However, there are increasing duties throughout the city and to continue policing the city with their present manpower will necessitate elimination of some of the duties presently assigned.If the desired use can be ob- tained through good design of the site, he would encourage that approach. He said the Department approves limiting access to hand -carried boats and installation of bollards with appropriate signage of hours of usage and conduct. He said gates present a problem.in scheduling officers to open and close them, since a delay of a few minutes results in complaints. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT A PUBLIC HEARING BE SCHEDULED FOR NOVEMBER 5, 1984 TO REVIEW RECOMMENDATIONS FOR A SOLUTION TO THE PROBLEM OF THE LAKE BALLINGER ACCESS. MOTION CARRIED. DISCUSSION ON APPEALS CRITERIA Planning Director Mary Lou Block reviewed prior discussion on appeals criteria and recommended that no change be made to the Code since they could find no better alternative. City Attorney Scott Snyder expla.ined that an appellant is required by code to give a name, address and reason for the appeal. Ms. Block interjected that names and addresses of adjacent property owners must be included in the appeal if there had not been a previous hearing. Mr. Snyder continued that anything more complex adds another factor and the potential for parallel style hearings and remands. The possibility LEI 1 1 E iOctober 9, 1984 - continued 493� 1 would exist that an appellant could be required to go through an entire hearing process to determine whether.there were a basis for the appeal and a remand to hear the appeal. Councilmember Ostrom agreed with the recommendation., He feels the one instance he has seen, in which the reason given for the appeal was not germane to the issue, could have been handled adminis- tratively. Councilmember Dwyer also agreed with the staff recommendation. He suggested a form be developed for appeals that would provide blanks for the required information. In addition, on an appeal from the Hearing Examiner's decision, the basis for that decision could be stated on the face of the appeal form. Councilmember Kasper expressed .surprise at the staff recommendation, in view of their prior request for relief from non-specific appeals. He said there.are cities within the County that do not allow appeals on certain issues by other than the applicant. Since Edmonds is a small town and the appeal process is only a year old, he had thought it was a problem.worth discussing. He agreed with the suggestion of a form for an appeal and accepted the recommendation of the staff. Councilmember Jaech asked if the 30-day requirement had been extended. Ms. Block said the Planning Board did not recommend.approval of a 60-day appeal period. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ACCEPT THE RECOMMENDATION OF THE PLANNING DEPARTMENT REGARDING.APPEALS CRITERIA. MOTION CARRIED. Ms. Block added that there had been 226 actions submitted to the Planning Department of which 18 were appealed, resulting in an approximate appeal rate of 1.9%. REPORT ON TRAFFIC SIGNAL AT PUG ET DR. AND OLYMPIC'VIEW DR. Engineering Coordinator, Dale Schroeder briefly outlined the history of this question. He noted that the staff had recommended..continuation of the current flashing light because the existing equipment was antiquated and the reported accident rate was .very low. Pedestrian counts were made on October 5 and 8, during peak pedestrian times, resulting in counts of five and eight pedestrians, which would.not indicate need fora pedestrian activated signal, he said. Citizen concern regarding the limited sight distance at Grandview St. was found to be accurate. Additionally, he said, a radar reading taken on two days indicated the average speed.was 34.1 mph westbound and 31.3 mph eastbound. The Engineering Department would recommend that a curb or buttons be installed north of Grandview on Olympic View Dr. to channel the trafffic, and the stop bar on Grandview be moved to the east, allow- ing.traffic to pull further east allowing better sight. distance. He said installation of a yellow flasher to the east of the Olympic View Dr. intersection with increased police enforcement should aid in decreasing the speed. Councilmember Ostrom discussed the difficulty in making,a,left turn from Olympic View Dr. onto Puget Dr. during ferry arrival times and asked that a left -turn actuated light be studied. Councilmember Jaech suggested that the yellow flashing light be placed east of the hidden drive that exits onto Puget Dr. further up the hill, with a notice of decrease in speed at that point. Mr. Schoeder said these were good suggestions and could be done, but the light for the intersection should be placed on the six -year program. He estimated that a full signal would cost $80,000; however, the sensor loops and conduits were installed by the State earlier and the cost could be less. Another suggestion from. Councilmember Ostrom concerned the holding lanes for the eastbound left turn traffic on Puget Dr. attempting to turn onto Olympic View Dr. He asked if the lanes could be extended to provide additional room. City Engineer Jim Adams. interjected that the intersection was designed with the shorter holding lanes because a signal was planned; however,.changes in traffic patterns resulted in no need for the signal. He noted the island could be moved, providing storage for -more vehicles as suggested. If a signal were installed at a later date, the storage could be reduced again. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE EXPENDITURE OF $3,000 FROM THE STREET CONSTRUCTION FUND TO MAKE CHANNELIZATION IMPROVEMENTS ON GRANDVIEW; TO PLACE THE INTER- SECTION ON THE SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR STUDY OF SIGNALIZATION; AND TO IN- STALL A FLASHING YELLOW SPEED LIMIT SIGN EAST OF THE OLYMPIC VIEW DR. INTERSECTION. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST NOT PRESENT DURING THE VOTE. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO ENLARGE THE HOLDING LANES OF EASTBOUND LEFT TURN TRAFFIC ON PUGET DR., TO BE FUNDED FROM THE STREET CONSTRUCTION FUND. MOTION CARRIED. COUNCILMEMBER NORDQUIST WAS ABSENT DURING THE VOTE. DISCUSSION OF 1% FOR ART AND MUNICIPAL ARTS FUND Information and Arts Coordinator Linda McCrystal introduced members of the Edmonds.Arts Commission present for the meeting:' Chairman Jerry Ward, Ken.Rose, Eleanor Granmo, and Gloria Mae Campbell. She reviewed the Commission's intent that the public art ordinance include only capital improvement projects, i.e., new buildings, new parks, new utilities and streets, and major remodelling. Since passage of the ordinance.in 1975, $43,240 has been allocated for visual arts of which $31,350 has been spent. Estimated 1985 allocations would total $10,000 if all projects 'are approved. She noted that alternative methods of funding for the arts are difficult to find since most artists and art organizations are dependent on ticket sales plus donations and bequeathals from patrons. A new idea for funding has been with gift catalogues. She noted.that.Edmonds has led in support of the arts with transfers of funds from:the General Fund to the Municipal Arts Fund and the establishment of the percent ordinance. ..In response to questions from the Council, Ms. McCrystal said Lynnwood is attempting to establish a percent ordinance. 94. October 9, 1984 - continued i Councilmember Wilson commented that a total of $43,000 for the arts since 1975 is no support at all, although he realizes the percent ordinance is more recent and is a step in ,the right direction. However, the Arts Commission is never sure what funds will 'be available, he said, and the City should establish a budgetary amount that is supportable and meaningful. Councilmember Kasper asked if the 1% is used on L.I.D.'s. Administrative Services Director Art Housler said the property owners were not assessed the additional amount for the 1% for the arts portion, as.an.example; that funding.came only from the City's.portion of the cost for the Meadowdale L.I.D. Ms. McCrystal reviewed the support for the arts evidenced by the Council and Mayoral art purchases each year, funds moved from the General Fund to the Municipal Arts Fund, and her salary being included i-n the Parks and,Recreation.Department.budget, Because of the.historica-1 difficulty.' -in obtaining funding for the arts, Councilmember Dwyer remarked that.the 1%-�for':the arts ordina.nce.was.an attempt to provide.a funding source that could be more. dependable. Since membership of".a,Council is subject to change and budgetary constraints can im- pinge, funding for the arts can disappear entirely, and he would hesitate to disturb the percent ordinance. Councilmember Wilson agreed but would also encourage funding within the budget to support the arts adequately. Councilmember- Kasper: agreed that the percent ordinance does not provide a solid base, but HE questioned paying for visual arts with sewer construction. He agreed there should be dual funding. Councilmember Jaech suggested that one problem has been lack 'of clarification of the type of p Projects that would be included. She expressed concern that funds from the water/sewer fund be used for visual arts and believes it should not be included.. She said including funding for the arts in a budget could result in that item being held hostage during budget discussions. Counci,l.member Kasper asked if research had been done to determinethe original intent of the ordinance, and Ms. McCrystal replied that only new construction projects were meant to be subject to the ordinance. COUNCILMEMBER KASPER MOVED, SECONDED BY.000NCILMEMBER OSTROM,.TO TABLE FURTHER DISCUSSION UNTIL JANUARY 22, 1985, WHEN THE.BUDGET WILL BE COMPLETED, TO SEE IF THE COUNCIL HAS ACTED IN GOOD FAITH. MOTION CARRIED. PERSONNEL COMMITTEE.MEETING (A) Abolish Accountant Position (NE-8) and establish Accounting Clerk Position (NE-6): Following a brief review by Personnel Director Pat LeMay, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ACCEPT THE RECOMMENDATION OF THE.PERSONNEL DIRECTOR TO ABOLISH THE ACCOUNT- ING POSITION (NE-8) AND ESTABLISH THE ACCOUNTING CLERK POSITION (NE-6). MOTION CARRIED. (B) Establish Secretary Position for Community Services Director: Mayor Naughten asked for approval of the position at the NE-5 level based uponthe job factors of the position. COUNCIL - MEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER..KASPER, TO ACCEPT THE MAYOR'S RECOMMENDATION REGARDING THIS POSITION. Councilmember Ostrom asked the grade level of the secretary for the Administrative Services Director and was advised that position was an NE-5. Councilmember Kasper said he had seconded the motion because there is .not enough information on the position yet and the classification could be reconsidered at a later date. MOTION CARRIED. MAYOR Mayor Naughten proclaimed October 15-19 as Patriotic.Education Week and Community College Week. The Mayor announced that all members of the committee to review utility wires have been appointed. After discussion with the PUD,.he said the date for an interim report to the Council will be December 18, and a committee recommendation by February 5, 1985 i.s acceptable to the PUD. He has appointed Ms. Block as temporary chairperson to organize the first meeting of the committee. Mayor Naughten reported that the Woodway Fire Contract has been signed. The Mayor.distributed a letter written by the City Attorney to Burlington Northern regarding infractions observed at the railroad crossing.. In addition to the letter, City Attorney Snyder said he hadcontacted the City's insurance carrier and the attorney who had represented the city in the death claim to determine if there were any other things that could be done to protect the City. Mayor Naughten, in discussions with the School District, has determined that they are proposing a. preliminary redesign of the entrance at Woodway High School, which will eliminate the problems caused when school is dismissed. A complete report will be made when the design is completed. COUNCIL Council President Jaech asked Mr. LeMay to include the grade of the position on future vacancy notices. Councilmember Kasper asked Mr. Snyder what the time limit is on appeals of Council decisions to Superior Court. Mr. Snyder said it varies, but in the recent matter the appellant had 10 days from the date of Council decision. Councilmember Ostrom asked if a representative from the City will be attending the Northwest Public Power Association Workshop in Spokane on October 24-25. Mayor Naughten said he would bring the [J i 1 1 • IFJ I u 1 r..v 4 9 ea October 9, 1984 - continued question up at the staff meeting. Councilmember Kasper said he had entertained some thought of attending himself. Councilmember Nordquist said that public comment during annexation hearings on the Woodway area had indicated that the people annexing wanted the gate to remain closed. Councilmember Nordquist said he was glad to.be back and commented on the pleasure of seeing the President, even from a distance. Mayor Naughten thanked the Fire Department for the display earlier this evening of the new emergency unit. Meeting was recessed to Executive Session to discuss labor negotiations and personnel matters at 9:03 p.m., adjourning at 9:30 p.m. JVQUEL14NE G. PARRETT, City Clerk e4V7 45�. � LARRY S. NAUGHTEN, Mayor