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10/11/1994 City CouncilApproved City Council mutes Approved 10/1&194 EDMONDS CITY COUNCIL APPROVED MINUTES OCTOBER 11,1994 Following a special executive session, called pursuant to notice, on a real estate matter, Council President John Nordquist called the regular meeting of the Edmonds City Council to order at 7:35 p.m. in the Library Plaza Room, 650 Main Street. The meeting was preceded by the flag salute. ELECTED OFFICIALS PRESENT John Nordquist, Council President William J. Kasper, Councilmember Dave Earling, Councilmember Barbara Fahey, Councilmember Steve Dwyer, Councilmember Michael Hall, Councilmember ABSENT Laura Hall, Mayor Tom Petruzzi, Councilmember STAFF PRESENT Tom Miller, Police Chief Michael Springer, Fire Chief Bob Schmidt, Acting Asst. Fire Chief Paul Mar, Community Services Director Brent Hunter, Personnel Manager Rob Chave, Planning Manager Chuck Day, Accounting Manager Jim Walker, Asst. City Engineer Gordy Hyde, Engineering Coordinator Rhonda March, City Clerk Christine Laws, Recorder Council President Nordquist advised the Council that Mayor Hall was ill and that Councilmember Petruzzi was in New Jersey. APPROVAL OF AGENDA COUNCILMEMBER STEVE DWYER MOVED, SECONDED BY COUNCILMEMBER MICHAEL HALL, TO APPROVE THE AGENDA. MOTION CARRIED. CONSENT AGENDA Councilmember Bill Kasper advised that on page 6 of the October 4 meeting minutes, the motion regarding whether or not to uphold the appeal and overturn the decision of the hearing examiner on the Bryant accessory dwelling matter, his name was not listed in the roll call as having voted no though the vote count was accurate. Approved City Council Minutes October 11, 1994 Page 1 COUNCILMEMBER BILL KASPER MOVED, SECONDED BY COUNCILMEMBER STEVE DWYER, TO APPROVE THE CONSENT AGENDA WITH THE MINUTES CORRECTION AS NOTED. MOTION CARRIED. DISCUSSION WITH CITIZENS FOR WATERFRONT ACCESS AND SAFETY Gary Jones and Art Runkel advised they are still on track with the purpose of responding to the passenger and freight train speed increases. They are now at a point where the WUTC will be holding hearings. One hearing is October 12 in Ferndale. The projected dates for the hearing in Edmonds are November 15-16. It was their desire to establish where the Council was in their thoughts as compared to the Citizens Committee. Mr Runkel asked how the City was going to present its position to the Commission. Paul Mar, Community Services Director, indicated that the City Attorney would be there. He further indicated that his conversations with the Attorney General's office showed that the WUTC has orchestrated it so both sides can cross-examine either the city, employees, and perhaps citizens. He informed the WUTC that the City has a resolution passed in February and will most likely be restating that position. Mr. Runkel asked if the City would be taking a proactive stance or whether it would be standing on the resolution; whether their group would be acting in conjunction with the City or if it would have to obtain an attorney to present its position. It has accumulated volumes of data that could be presented. Mr. Mar will speak with City Attorney Snyder about this issue and get back to them. Mr. Jones reminded the Council that the original request was to modify both passenger and freight train speeds. While it is not seen to be mechanically functional, the trend seems to be toward the approach of seeking modification of only one category of train. The committee has unsuccessfully asked how it would work if only passenger speeds were changed and not freight speeds. Its safety questions have been totally ignored. The committee believes that increased train speeds do not coincide with its safety concerns. Councilmember Steve Dwyer asked whether the Council and committee had a commonality on the position to oppose the request, or should they go a step farther and promote decreases. He asked the position of the group in that regard. Mr. Runkel stated that the committee wanted to stop any increase at all. Councilmember Dwyer reported that essentially the same group of players would be involved in these hearings as were previously involved. He suggested there is probably a commonality, but the Council should make no hard decision until City Attorney Scott Snyder could be consulted. Councilmember Dwyer feels that Mr. Snyder probably has a good feel for how to proceed. He expressed concern that some items the committee feels should be raised may not be in the City's best interests. He also does not feel it appropriate to be a censor of any material someone else wishes presented. Councilmember Mike Hall thinks the City Attorney may not want to extend his representation to the Citizens for Waterfront Access and Safety group specifically, but to the citizens generally. He thinks of the two groups as co -plaintiffs. He would like to see the detail the committee has come up with, because the City's presentation would not be as personal. He expressed his major concern as being with safety first. He feels the WUTC either won't or can't address the safety issues. He thinks since they are not dealing with the problems they have now, a speed increase is ridiculous. Approved City Council Minutes October 11, 1994 Page 2 Councilmember Barbara Fahey asked if the group had reached a point where it had. specific recommendations it feels should be made to insure safety. She thinks something needs to be done in a positive vein -- we don't want to see this happen until it meets specific criteria. She asked if we know what is being done in other areas of the country to improve train safety that we could ask for here. Councilmember Dave Earling stated he had similar concerns to those of Councilmember Fahey. He mentioned that he had gone to several transit conferences where they had specific seminars on crossings similar to what Edmonds has at Dayton and Main. He volunteered to share this information with the group. Mr. Runkel summarized by saying he was hearing a general consensus that there was unity of purpose, but that it would be prudent for each group to represent itself to some extent. He would like to see an exchange of information and ideas prior to the hearing so that there were no surprises for either entity. Councilmember Dwyer reiterated his opinion that while the committee and the Council appear to have the same goals, he would defer to City Attorney Snyder's judgment since he has been through this before and perhaps has a better understanding of what does and does not work. It was determined Paul Mar should act as the liaison between the Council, the City Attorney, and the Citizens for Waterfront Access & . Safety. Mr. Jones will get back to Mr. Mar regarding the Ferndale hearing. REQUESTS FOR PROPOSALS Brent Hunter, Personnel Manager, stated that at Council's request he had returned with the qualifications for the Requests for Proposals on public defender, hearing examiner and city attorney. The RFP for public defender has been approved but not yet advertised. He further said he had reviewed similar RFPs from Bothell (prosecutor), Lake Stevens (hearing examiner) and Redmond (city attorney). 21� COUNCILMEMBER STEVE DWYER MOVED, SECONDED BY COUNCILMEMBER MIKE HALL, TO APPROVE AGENDA ITEMS 4,5 AND 6. MOTION CARRIED. Items 4, Q nZ 5 and 6 are as follows: REVIEW OF QUALIFICATIONS AND AUTHORIZATION TO ADVERTISE K,`O� REQUEST FOR PROPOSALS FOR PROSECUTOR SERVICES (deferred from October A 4,1994) REVIEW OF QUALIFICATIONS AND AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR HEARING EXAMINER SERVICES (deferred from October 4, 1994) REVIEW OF QUALIFICATIONS AND AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR CITY ATTORNEY SERVICES (deferred from October 4, 1994) Approved City Council Minutes October 11, 1994 Page 3 APPROVALOF FINDINGS FROM HEARING HELD ON OCTOBER 4, 1994 ON CHAMBERS CABLE RATE SCHEDULE COUNCILMEMBER STEVE DWYER MOVED, SECONDED BY COUNCILMEMBER MIKE HALL, FOR THE APPROVAL OF ITEM 7. COUNCILMEMBER BILL KASPER N ABSTAINED. MOTION CARRIED. The motion provides the following approvals: 1) Adopt the Findings of Fact and Conclusions of Law; 2) Adopt Refund Order (Exhibit 1 of Refund Order is the Findings of Fact & Conclusions of Law; 3) Adopt Accounting Order. The meeting was adjourned to committee. Council President Nordquist indicated he would turn the meeting over to the various chairpersons, in turn, to run the meeting. PUBLIC SAFETY COMMITTEE A. PRESENTATION ON COMMUNITY CPR PROGRAM Fire Chief Mike Springer and Acting Asst. Fire Chief Bob Schmidt explained their intent to showcase CQ �' their new CPR community program. Asst. Chief Schmidt gave a little history of the 20 year old program that has lain dormant the last couple of years. He discussed the tiers to the EMS: 1) citizens Qwho witness CPR, 2) aid cars and fire departments, and 3) advanced services which are paramedics and emergency rooms. He indicated the missing link were the citizens who witnesses heart attacks. He went on to explain that 4-6 minutes without CPR is about the time it takes for brain damage to occur. If aid is given after this period of time, there is approximately a 50% survival rate. He said they cannot physically get to many places in that 4-6 minutes. They are offering three classes a month, including a not previously held pediatrics class. There is to be one 3-how adult class, one 3-hour pediatric class, and one Saturday 6-hour class which will be a combination of adult and pediatric. The classes will also include obstructed airway situations. The cost for this program is approximately $5,000 per year. Councilmember Fahey asked if the classes the hospital sponsored were still provided. She was advised that they do, but that even so, the Fire Department has received numerous calls inquiring about classes. He estimated the cost of the hospital class at $45. Councilmember Dwyer asked what the City was planning to charge. Asst. Chief Schmidt said it would be free to the citizens. It was stated the program was being promoted in all local papers, by the Chamber of Commerce and by Chambers Cable. Other means of information dissemination was discussed. COMMUNITY SERVICES COMMITTEE A. DISCUSSION ON ANNEXED NONCONFORMING LOTS (request from Sept. 7, 1994) 114 Rob Chave, Planning Manager, said that in the last year more attention has been paid to Id nonconforming lots. During that time they have looked at five issues and came up with a sliding scale - Approved City Council Minutes October 11, 1994 Page 4 - if you own two lots, one meeting the minimum size requirements and the other one slightly smaller, you would be able to develop the second lot. There is interest in exploring other related issues, particularly in the context of the Growth Management Act and what 'the City is trying to do. Mr. Chave called to the attention of the Council the three items on page 2 of his agenda memo. One of the concerns is regarding a citizen's ability to own his own home. One of the biggest challenges is to try to figure out a way within growth management to encourage or maintain that part of the character of Edmonds. One desire is to find a way to make more single family dwellings affordable. He said affordability is related to lot size. One of their goals is to have single family a major part of Edmonds' infill development. Councilmember Dwyer asked whether Edmonds' ordinances were usual or unusual. Mr. Chave answered that if it were on a continuum, the ordinances were on the conservative, tight side. He said it was hard to image more strict regulations than what Edmonds has. He also stated if you were to divide the continuum in half you would find 80-90% of the jurisdictions on that conservative side. Most jurisdictions feel a need to make sure there is away the future conforms to what is wanted. The provisions done last year are a bit unusual. He doesn't know of any others that handle the size unit in that way. Councilmember Kasper stated the burning issue is that there are cases where we are dealing with different cases differently. He feels that is what is creating hardships. Mr. Chave responded that a lot of the nonconforming provisions rely upon someone doing the research. He further indicated that the property records were extremely difficult to track. Councilmember Kasper indicated he had just learned of the five-year life to property. He feels we need to initially get into areas where harm has already been done but that we also need to address other issues. He feels we have to be careful on annexations. He was concerned that if the rules continued to change, annexations would be affected. Councilmember Fahey shares Councilmember Kasper's concern over annexations and she is also concerned about unfair restrictions put on one person that were not necessarily there for another person. She feels that, if the Council is going to look at this ordinance, the parameters have to be built on whether a lot has a certain size, whether you can or cannot build, but ownership should not be a consideration. She further questioned the legality of the practice. Mr. Chave stated his belief she was speaking of fairness issues and not a legal issue. He said that legally, the ordinance was defensible, but not necessarily fair. There are other ways of dealing with protections rather than minimum lot size standards. Councilmember Fahey asked if some of these other approaches would resolve the issue of some of the very narrow lots which to her seem to be the motivation behind the ordinance. Mr. Chave says an ordinance can be constructed that says, for example, that everything since the incorporating of the city is treated one way (original lots) versus the outlying areas that were subdivided under later rules. If that was the way the Council wished to go, research would have to be done to make sure to get a better feel for what issues needed to be discussed. If the Council is interested, they can lay out in detail some of those alternatives. Mr. Chave said there would be a continuum. On one end of the continuum is liberalizing to the extent that you have a lot more buildable lots, and the other end may be to handle those cases that are so unfair without making broad adjustments. Approved City Council Minutes October 11, 1994 Page 5 Councilmember Michael Hall indicated his belief that it sounded like everyone was in agreement that staff should give the Council some alternatives. Councilmember Dave Earling cautioned that with all the good work that has been done in the last couple of years, he doesn't want to lose the good part that has been done. Councilmember Kasper feels that the properties that have had these problems are annexation properties. He thinks the key issue is with the ability to go to the next lower level, but that will increase density. Mr. Chave stated that one of the issues that got mixed into it was what is a legal nonconforming lot versus a legal lot. People are segregating their lots into tax lots and mistakenly assuming they are buildable lots. It was determined this matter should be placed on the agenda for the next committee meeting night. B. DISCUSSION ON BIDS FOR L.LD 214 r J� Tim Walker, Asst. City Engineer, reported to the Council that the bids were higher than preliminary estimates for the construction portion of the project. He thinks, however, the overall cost will still be within the budget. He reviewed Exhibit A of the agenda memo. He advised there is another property owner who wishes to join the L.I.D. with two lots. The adjoining neighbors are willing to grant easements and road access. Mr. Walker responded to Councilmember Kasper that it was this owner's desire to short plat. Mr. Walker confirmed the fact that the estimates were done after the addition of this newest owner's two lots. In response to a question by Councilmember Fahey, it was explained that the drainage assessments are based on the amount of road footage and that the drainage connections are based on the number of buildable lots. Gordy Hyde, Engineering Coordinator, demonstrated through use of the map how the two -lot owner in this particular case would pay five drainage assessments but only one roadway assessment. After asking if there were any concerns, Councilmember Kasper' suggested going ahead with engineering's recommendations (to add the two lots to the L.I.D., and to award the construction contract on October 18, 1994 with a 10% contingency and proceed with the project). FINANCE COMMITTEE A. CONTINUED DISCUSSION ON LEOFF SELF-INSURANCE STUDY (from Sept. 13, 1994) ABrent Hunter, Personnel Mana er, s oke on the LEOFF self-insurance study. He reviewed the g p consultant's report and explained in detail the tables contained therein. Approved City Council Minutes October 11, 1994 Page 6 Councilmember Dwyer commented on the separate Firemen's Pension Fund which Mr. Hunter said was $460,000 which reasonably can be used for this expense. Councilmember Dwyer next inquired if the disability were determined by a disability board, a doctor, or whom. Mr. Hunter responded that a disability board would make the determination. Regarding a pref ending program, Councilmember Hall suggested the gap could perhaps be covered with an inexpensive term life insurance on these same people, with the City the beneficiary. As they pass on, the money would go to the City. Mr. Hunter indicated that option had not been discussed. Brent Hunter stated that the Washington Health Care Reform Act is trying to get long term care in 1999. He suggested we look at prefunding until the end of the century and then take a second look at where we will be with the State program. Mr. Hunter's short term recommendation was to start prefunding now while we don't have a lot of exposure. He suggested prefunding at approximately the $70,000 a year level less the amount for the firefighters. The City has set aside $35,000 for the current year, and has budgeted at that level next year. Councilmember Kasper would like to know what the State is doing in similar situations. Mr. Hunter didn't know about the State, only other cities which don't appear to be doing anything. Councilmember Fahey asked if there was any possibility that any of these people that qualify are getting partially paid under the EMS funds. Mr. Hunter responded that this program is dealing primarily with retirees and not active employees, but he will look into it. Councilmember Earling indicated this matter should be brought up again at a regularly scheduled meeting to further discuss the proposal and have some of the questions raised at this meeting answered. Mr. Hunter reminded the Council the insurance quote is good through the end of the year. B. DISCUSSION ON BUSINESS LICENSE FEES (from May 10,1994) City Clerk Rhonda March refreshed Council memories on the discussion history on this matter and indicated that because of the amount of processing time necessary to handle business license renewals, VF111 the time has come to make a decision as to which direction to take. Councilmember Earling said that he and Councilmember Fahey had met with the Chamber of Commerce, and they moved this matter to the Economic Development Committee. It is uncertain whether the Chamber has ever discussed this. They had met with Bill McLoughlin and the Executive committee and got input from them indicating they were not opposed to an increase in fees as long as there is understanding of what the businesses will get out of it. Councilmember Dwyer remarked that the Council still has not made a decision as to what it wants to obtain from these fees. It is understood the City will not recoup 100%. He asked about the goal because without that it is not possible for the staff to formulate something satisfactory and it is not possible for them to tell the businesses for what we are shooting. His recollection is that Approved City Council Minutes October 11, 1994 Page 7 the Chamber was going to be asked their philosophy about local government and how much of the license fees should we be trying to recover. Councilmember Kasper indicated the business license fees were purely the cost to cover the service of issuing the licenses. Councilmember Dwyer indicated it was his belief that the Council did not want to see a dramatic increase and that the Council needs to make a decision as to whether it wants to continue to operate this aspect of government as a loss because it has residual benefits. Councilmember Kasper said that while the City is doing other things such as generating the business environment and tourism, this is only to cover the business license procedure for the protection of business people and to some extent the citizens who buy. Councilmember Dwyer pointed out that if we keep things the way they are, or if we go with the suggested increase, we will not be recouping the cost of the licensing. Councilmember Hall stressed the need to make it as friendly as possible for bringing in new business. He feels that if we are really losing money, the fee should be raised, but the Council should not be concerned with recovering its costs. City Clerk Rhonda March discussed the issue of pro -rated license fees for new business as something she would like to see changed. She feels the fee should be the same at any time of the year. Council President Nordquist expressed surprise at the concern over the fees. As a businessman, he considers them a minimal cost of doing business and explained some of the benefits derived by virtue of having a business license. He feels that because the City subsidizes numerous activities, the businesses are getting their money back. Councilmember Earling volunteered himself and Councilmember Fahey to meet with Ms. March to put together a proposal for minimal adjustment to be brought back to the Council for consideration. C. PRESENTATION ON PROPOSAL REVIEW PROCESS FOR OFFICE SUPPLIES, FURNITURE AND EQUIPMENT PURCHASING CONTRACT City Clerk Rhonda March advised the Council that this matter had been detailed completely in the T V packets. She said that 17 vendors were provided with RFP packets, and 10 responses had been received. The Vendor Review Committee consisted of city-wide employees, with Ms. March as the non -voting facilitator. After careful consideration, it was the unanimous decision of the committee that Lund's Office Essentials be awarded the contract. She further suggested that, with the Council's approval, this matter could be placed on the consent agenda of October 18 for approval of contract award to Lund's for the contract period for the remainder of 1994 and for calendar year 1995. Councilmember Earling requested the item be placed on the next consent agenda. D. REVIEW OF PETTY CASH EXPENDITURES FOR MONTH OF SEPTEMBER 1994 Councilmember Kasper questioned the fact that expense account reports were not available for either Finance Committee or Council review. Chuck Day, Accounting Manager, stated that the monthly expense accounts of the staff are run through the regular claims standards and those are payments the Approved City Council Minutes October 11, 1994 Page 8 Council would see on the consent agenda along with payroll claims and that the only items that would be seen under petty cash would be $25 or less. Mr. Day indicated it could be possible for the Council to see these expense account reports. Council President Nordquist indicated he would work this out with Finance staff At 9:52 p.m. the meeting was adjourned. WAIN " M M. ✓� : _-� JI A - Approved City Council Minutes October 11, 1994 Page 9 AGENDA - EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. OCTOBER 11, 1994 SPECIAL MEETING CITY COUNCIL COMMITTEE WORK MEETING (Second Tuesday of Each Month) 7:00 P.M. - EXECUTIVE SESSION ON A REAL ESTATE MATTER CALL TO ORDER - 7:30 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF OCTOBER 4, 1994 3. (15 Min.) DISCUSSION WITH CITIZENS FOR WATERFRONT ACCESS AND SAFETY 4. (10 Min.) REVIEW OF QUALIFICATIONS AND AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR PROSECUTOR SERVICES (deferred from October 4, 1994) 5. (10 Min.) REVIEW OF QUALIFICATIONS AND AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR HEARING EXAMINER SERVICES (deferred from October 4, 1994) 6. (15 Min.) REVIEW OF QUALIFICATIONS AND AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR CITY ATTORNEY SERVICES (deferred from October 4, 1994) 7. (5 Min.) j APPROVAL OF FINDINGS FROM HEARING HELD ON OCTOBER 4, 1994 ON CHAMBERS CABLE RATE SCHEDULE ADJOURN TO COMMITTEE The City Council Committee Work Meeting is a meeting of the full City Council and staff. The meeting format is structured by ,committee. All related committee reports and discussion are scheduled to be presented in the order as shown below. The meetings are open to the public but are not public hearings. L PUBLIC SAFETY COMMITTEE: (15 MuwTEs) (A) PRESENTATION ON COMMUNITY CPR PROGRAM H. COMMUNITY SERVICES COMMITTEE AGENDA: (30 MmcuES) (A) DISCUSSION ON ANNEXED NONCONFORMING LOTS (request from Sept. 27, 1994) (B) DISCUSSION ON BIDS FOR LLD. 214 m. FINANCE COMMITTEE AGENDA: (30 MEA7ES) (A) CONTINUED DISCUSSION ON LEOFF SELF-INSURANCE STUDY (from September 13, 1994) (B) DISCUSSION ON BUSINESS LICENSE FEES (from May 10, 1994) (C) PRESENTATION ON PROPOSAL REVIEW PROCESS FOR OFFICE SUPPLIES, FURNITURE AND EQUIPMENT PURCHASING CONTRACT (D) REVIEW OF PETTY CASH EXPENDITURES FOR MONTH OF SEPTEMBER, 1994 PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771- j 0245 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. THE COUNCIL AGENDA APPEARS ON CHAMBERS CABLE, CHANNEL 32. THIS MEETING IS NOT TELEVISED.