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03/05/1985 City CouncilTHESE MINUTES SUBJECT TO MARCH 12 APPROVAL EDMONDS CITY COUNCIL MINUTES March 5, 1985 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 Larry Naughten, Mayor Jo -Anne Jaech Steve Dwyer Laura Hall Bill Kasper John Nordquist Lloyd Ostrom Jack Wilson Doug Reuble, Student Rep. rnNcPNT a/:FNna CTAPP PRFCFNT Art Housler, Administrative Services Director Bobby Mills, Acting Public Works Superintendent Peter Hahn, Community Services Director Steve Simpson, Parks & Recreation Director Brian McIntosh, Recreation Coordinator Jim Adams, City Engineer Mary Lou Block, Planning Director Jackie Parrett, City Clerk Scott Snyder, City Attorney Shirlie Witzel, Recorder Consent items (B), (C), and (H) were removed for discussion. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTIO14 CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (0) Authorization to call for bids for construction of a roof over Yost Park Pool support building ($66,146). (E) Adoption of Ordinance 2484 establishing no parking zone on 100th Ave. W. near cemetery entrance. (F) Final acceptance of work by Sound Elevator and Ainsley Construction for museum elevator project, and setting 30-day retainage period. (G) Report on bids opened February 26, 1985 for purchase of water meters and award to Fog -Tice Meter Seal, Inc., in the amount of $21,482.50. APPROVAL OF MINUTES OF FEBRUARY 26, 1985 [Item (B) on Consent Agenda] Councilmember Kasper asked that the minutes be corrected on page two, first sentence of last paragraph, to read "suggested a price of 150% of $14,150 for a minimum bid." COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER N RDQUIST, TO APPROVE THE MINUTES AS CORRECTED. MOTION CARRIED. PROPOSED RESOLUTION OF INTENTION 266 SETTING HEARING DATE OF APRIL 2, 1985 FOR CREATION OF LID TO FUND WATER LOOP IN AREA OF EDMONDS WATERFRONT [Item (C) on Consent Agenda] Mayor Naughten removed this item since the City had received word from the Port that they would participate in the project along with Union Oil and the City for $20,000. The agreement concludes three months of negotiations and precludes any necessity for an LID. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO SUSPEND THE LID AND APPROVE THE MATCHING OF THE $20,000 FUNDING TO BE TAKEN FROM THE WATER -SEWER FUND. MOTION CARRIED. AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION OF DECORATIVE PAVERS AND OTHER STREET IMPROVEMENTS AT 5TH AND MAIN ($13,000) [Item (H) on Consent Agenda] Councilmember Kasper wished to know what is being done and whether these are matching funds tied to the HUD block grants. Community Services Director Peter Hahn replied that this request is connected with the Block Grants approved last year and is being presented this evening to allow time to advertise and complete the procedural process. He said benches on the sidewalk are included in the project along with the pavers. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE ADVERTISING FOR CONSTRUCTION OF PAVERS AND OTHER IMPROVEMENTS AT 5TH AND MAIN. MOTION CARRIED. I I EDMONDS CITY COUNCIL MINUTES Page 1 March 5, 1985 AUDIENCE Mary Duke, 529 3rd Ave. N., spoke in support of Councilmember Jaech regarding the recent_ discussions of unemployment compensation received by her. Ms. Duke referred to Councilmember Jaech as honest, straightforward, and a good council member. She contended the article printed in the Enterprise and written by Harve Harrison was inaccurate and slanted, basing her statements upon findings made in her research of the issue. She encouraged the Council to make a public announcement in support of Councilmember Jaech. Councilmember Ostrom thanked Ms. Duke and said he was sorry Councilmember Jaech had had to go through this experience. tie said human errors were made and this should now become a dead issue. Gordon Rosier, 16105 N. Meadowdale Rd., expressed an opposing view of the incident in question. He reiterated a request for an investigation of the circumstances surrounding payment of unemployment compensation by the City, saying he was not satisfied with the reports received to date. He asked that the investigation be conducted by an outside agent not connected with the City to determine whether errors were made by the State or by Councilmember Jaech. He asked that necessary action be taken if there is a problem with. ethics in the case and, in the event that Councilmember Jaech is entitled to any portion of the funds returned to the State, he suggested the Council take action to secure her rights in that area. Ray Martin, 18704 94th Ave. W., spoke on behalf of Councilmember Jaech. He reviewed the facts he had discovered in researching the question after reading the article in the Enterprise. He said Councilmember Jaech was entitled to unemployment compensation from the bank where she had been employed. He expressed hope that she would not become discouraged because of the harassment she had been receiving. Ned Laurine, 1233 7th Ave. S., said Councilmember Jaech had gotten his wife and him interested in City government and he wished to express his support of her. He does not like what is happening and believes it should end so the Council may pursue regular business. Bill Mathias, 540 Holly Dr., believed there should be an investigation into the procedures within the City that allowed information to become public that should be confidential. He asked the Mayor to continue investigations to discover how the information became public. HEARING ON APPEAL OF PLANNING BOARD DENIAL OF REZONE R-2-84 AT 19006 80TH AVE. W. (APPELLANTS: WAYNE AND JANET SMITH) Planning Director Mary Lou Block said a Planning Board hearing on this subject was held January 9, 1985, resulting in a tie vote on a motion to approve; the request for rezone was not approved. An appeal was filed February 8, 1985. Staff does not recommend approval because of the precedent setting potential of the .action. Ms. Block displayed transparencies depicting the various zoning areas surrounding the subject property, which is located next to Sierra Park. In response to questions from the Council, Ms. Block said the requested rezone would allow the property to be divided into two building lots. Mayor Naughten opened the public hearing. Wayne Smith, Route 1, Box 1522, Lopez Island, said they wish to subdivide the property. He believes the rezone is in harmony with the surrounding development, which is developed as RS-8 lots. He added that the Planning Department had found there would be no environmental impact on the surrounding area if the rezone request were approved. Jerry Lovell, Lovell-Sauerland and Associates, Inc., said the Smiths had approached Chet Bennett and him after their rezone request was denied. In looking at the development in the area, they had prepared the map displayed earlier by Ms. Block. They believe the Planning Board had considered this a spot rezone, which is not defined in the Community Development Code, although one section of the code discourages spot rezones. He said he feels a spot rezone applies to a rezone for an entirely different use, such as a service station within a residential area. He said this rezone is in conformance with the Comprehensive Plan in that the subject property is classified as low -density residential, the same as the surrounding property. He also pointed out that this rezone is consistent with the surrounding use and zoning. Regarding the concern about establishing a possible precedent, he said similar properties to this property would have to be considered at another point in time. He asked that the rezone be approved since it is just, compatible with surrounding use and with the Comprehensive plan and does not set a precedent with which the City cannot live. Councilmember Ostrom asked the City Attorney what criteria should be used to answer the question of whether the zone change conforms with the Comprehensive Plan and whether granting this rezone would constitute a precedent for other property in the area. City EDMONDS CITY COUNCIL MINUTES Page 2 March 5, 1985 Attorney Scott Snyder reviewed the criteria to be used by the Council and said each rezone request is judged on its own individual merits and background. Ms. Block interjected that there is a difference between the Zoning Map and the Comprehensive Policy Plan Map; the Comprehensive Map indicates the large low or high density residential areas, etc., while the Zoning Map is more specific. Councilmember Kasper asked if application for short -plat had been made. Ms. Block replied in the negative. Asked if the house is located so the lot could be divided in half, Ms. Block said it appears to be. Councilmember Kasper said there is no reduction in open space with the Park next to it, the park does not have RS-12 zoning and there is RS-8 across the street. He said he considers everything north of 195th St. S.W. as a buffer against any extension of this zoning. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO OVERRIDE THE PLANNING BOARD DECISION AND STAFF RECOMMENDATION AND ACCEPT THE REZONE AS APPEALED. Councilmember Dwyer said the review criteria for rezones are contained in Section 20.40.010 of the Community Development Code. COUNCILMEMBER DWYER AMENDED THE MOTION, SECONDED BY COUNCILMEMBER KASPER, TO INCORPORATE THE FOLLOWING FINDINGS UNDER SECTION 20.40.010: I. 20.40.010A, NO INCONSISTENCY EXISTS WITH THE COMPREHENSIVE PLAN. II. 20.40.010B, NO INCONSISTENCY EXISTS WITH THE ZONING ORDINANCE BECAUSE SECTION 16.10.000A DOES NOT APPLY; SECTION 16.10.000B, THERE WOULD BE NO LOSS OF LIGHT, PRIVACY, VIEWS, OPEN SPACE OR SHORELINES AND NO DAMAGE TO FREEDOM FROM AIR, WATER, NOISE AND VISUAL POLLUTION; SECTION 16.10.000C DOES NOT APPLY; SECTION 16.10.000D, THERE WOULD BE NO SIGNIFICANT INCREASE IN TRAFFIC; SECTION 16.10.000E, THERE WOULD BE NO HAZARDS OR NUISANCES CREATED. III. SECTION 20.40.010C, THE ACTUAL USE OF SURROUNDING LAND IS RS-8. IV. 20.40.010D, CHANGES WOULD SEEM TO MITIGATE IN FAVOR OF THE REZONE. V. 20.40.010E, THE REZONE APPEARS TO BE SUITABLE. VI. 20.40.010F, GIVEN THE ACTUAL USE OF THE PROPERTY, THE RELATIVE GAIN TO THE PUBLIC IS MINIMAL AND FAILS WHEN COMPARED TO THE ACTUAL INCREASE OR DECREASE IN VALUE OF THE PROPERTY IN DENYING THE REZONE. AMENDMENT TO MOTION CARRIED. MAIN MOTION, AS AMENDED, CARRIED. PRESENTATION OF QUEST NORTHWEST OUTDOOR ADVENTURE PROGRAMS Recreation Coordinator Brian McIntosh called attention to a brochure before the Council describing Quest Northwest. In response to concern expressed during an October Council meeting that youth programs were needed in Edmonds, the Parks and Recreation staff were looking for a program such as Quest Northwest. Quest is aimed at the 13 to 18 year old using the great outdoors locally, regionally and statewide. There were five things that stood out for Mr. McIntosh: 1. The Quest philosophy, concern for the overall growth of participants; 2. The Quest program has a deep concern for the environment; 3. They are concerned about the safety of the participants and their staff; 4. They are experienced in working with various National Parks as well as Parks Canada; and 5. They are located in Edmonds. He introduced Miles Hanchett, a Quest Director. A brief audio-visual presentation was made concerning Quest Northwest. Mr. Hanchett described the proposed projects at Edmonds' Goodhope Pond and at Crescent Lake. He said in the process of gathering the data on these projects the young people are taught about the environment, especially their own community environment, an opportunity very few youngsters are able to have. They also need to know the community appreciates them and that they are contributing to that community, he said, and this is an opportunity to do that. He explained that he is a physicist by training and worked for 17 years in research. He also is interested in the outdoors and in young people. He said Quest affords him the opportunity to combine these interests. In response to a question from Councilmember Jaech, he said Quest is not connected with Outward Bound or any program in Redmond. Mr. McIntosh explained the costs involved in the program and briefly outlined some of the methods used to raise money. He also described the use of scholarships to assist young people who wish to participate. Asked if there has been any interest in the program, Mr. McIntosh said the program is just being publicized and the pilot project is starting this Saturday to see if there will be interest in the community. Mayor Naughten recessed the meeting for 10 minutes, reconvening at 8:45 p.m. CONSIDERATION OF VETOED ORDINANCE 2483 WHICH ESTABLISHES NEW GRADES FOR COMMUNITY SERVICES. DIVISION MANAGERS Mayor Naughten stated he had vetoed Ordinance 2483 and his reasons for vetoing the ordinance were contained in his letter to the Council dated March 1, 1985. That letter is quoted: "As I announced at the February 26, 1985 Council meeting , I am vetoing the above ordinance, pertaining to our Division Managers, for the following reasons: 1. External market' factors, as stated i n Peter Hahn's memo of January 22, 1985, would indicate that given the levels of responsibility of these positions in question, with the exception of the City EDMONDS CITY COUNCIL MINUTES Page 3 March 5, 1985 Engineer, they should be at higher levels than E-8. External market comparisons are not the total criteria for job classification. They are, however, a benchmark. 2. The present Ordinance 2483 downgrades three Division Managers' positions and leaves one unchanged. Each of these positions is one level below that of Department Directors, which are E-10. I feel that for the reason of parity, and the status of these positions in or organizational structure, they should all be E-9. The net result of this status would be two positions downgraded, one upgraded, and one, no change. 3. Our goal in 1984 was to reduce mid -management position .levels where possible. We accomplished this by not replacing the Property Manager and Building and Grounds Manager positions. We have instead reassigned many of these duties to these four Division Managers. Again, our objective is to provide the same levels of service to the public, with less people. I feel the classifications of E-9, at these management levels, support the added responsibilities we have delegated to these positions. If the Council cannot reach a decision on these classifications as a group, perhaps each position should be reviewed individually on its own merit and given responsibility in the organizational structure. I would urge you to once again review Peter Hahn's memo of January 22, 1985, for it was a very comprehensive analysis. COUNCILMEMBER KASPER MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, TO APPROVE ORDINANCE 2483, OVERRIDING THE VETO. Councilmember Hall asked for an explanation of the grade classifications if the motion is approved. Councilmember Kasper said there would be thiree E-8 positions and one E-9 position, that of the City Engineer, which has state requirements. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBEPS JAECH, KASPER, OSTROM, AND WILSON VOTING YES; COUNCILMEMBERS NORDQUIST, DWYER, AND HALL VOTING NO. MOTION FAILED BECAUSE A SUPER MAJORITY VOTE WAS NEEDED FOR APPROVAL. In response to a question from Councilmember Hall, Mr. Snyder said the affected positions will now remain at their previous classifications. Councilmember Hall said a new position was created for a Community Services Director and the incumbent has not been in the position long enough to determine the classifications of the other positions. She had disagreed with the classification of the Community Services Director position, feeling that an E-11 would have allowed for maneuvering room. She said this should be a message to the staff that the Council is willing to take another look at this. Councilmember Ostrom expressed appreciation for the work of Community Services Director Peter Hahn on the report for the Council on these positions. He said the problem is in reconciling the work done by Mr. Hahn with the intent of the Council regarding reorganization. He believes the Council must come to a closer agreement on what is to be accomplished since no two members seem to have the same idea of what the reorganization and agreement at the retreat mean. Councilmember Kasper said going to higher grades would force the City to up -grade the qualifications of the positions and he said there is no need for higher qualifications. Councilmember Dwyer said the report submitted by Mr. Hahn had compared apples with apples and no one has argued with the methodology used. The Council.had asked for the report but did not like the answer; perhaps, he said, the Council should decide what answer they want and ask someone to get them there. Councilmember Kasper said using external comparisons of cities, that are not structured the way Edmonds is, created a basic factor fallacy in the report. He said the City is top heavy if these positions are left at their present classifications. Councilmember Dwyer suggested that the methodology should have been questioned when it was first presented. Councilmember Kasper said he had attempted to explain his position to everyone. He said he wants more people on the line and he does not believe the issue of morale should be used as a basis for reorganization. Mr. Hahn explained that it is a matter of interpretation between himself and Councilmember Kasper; he made the adjustment referred to but he believes it is a matter of degree that constitutes the difference. He said if he had gone on the basis of external comparabilities, he would have rated 2 of the Division Managers as E-10, but he made them E-9 precisely on the basis of Mr. Kasper's comments. He did maintain the Public Works Superintendent on the basis of external compara'rilities. Councilmember Kasper said another factor to be considered is the difference in the three positions aad the City Engineer position. Mayor Naughten suggested that the Council look at the entire management structure of the City from the top down and determine which way they wish to go to obtain a balance. Councilmember Kasper said the Community Services Director position is demonstrating that the goal of the Council is being reached, but the management structure of the City must not be increased, it must be at a level to bring the services to the City. A suggestion to have a Saturday session was not acceptable to all; therefore, this item was scheduled fer inclusion on the retreat agenda. Council President Nordquist will prepare a list of items now included on that agenda and Council will prioritize and determine which should be included on the retreat agenda. EDMONDS CITY COUNCIL MINUTES Page 4 March 5, 1985 REPORT ON BANK SERVICE BIDS AND AUTHORIZATION FOR MAYOR TO SIGN BANK SERVICE AGREEMENT COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ACCEPT THE REPORT ON BANK SERVICE BIDS AND AUTHORIZE MAYOR TO SIGN AGREEMENT. Since she is working on a project for a bank, Councilmember Jaech will abstain from the vote. MOTION CARRIED WITH COUNCILMEMBER JAECH ABSTAINING. Administrative Services Director Art Housler introduced Beth Witter, Branch Manager of Old National Bank, who will be servicing the City accounts. DISCUSSION ON PROPOSED ORDINANCE REVISING TV CABLE FRANCHISE ORDINANCE 1783 City Attorney Scott Snyder explained that the information before the Council is a result of a request from Mr. Housler for a review of the October 11, 1984 Cable Communications Policy Act. The ordinance before the Council this evening, he said, is a result of this review and is not something that must be passed this evening; in fact, he said, the Council may wish not to address this ordinance because of an occurrence last week. He said the cable franchise operates under a renewal permit, valid until 1990, and a City ordinance which establishes the terms of the cable television franchise. Mr. Snyder said the renewal permit is largely unenforceable under the present Act. He listed five items in the franchise that are now void and without effect: 1. Rate regulation is limited to consideration of basic service rates; 2. The City can no longer consider programming in awarding a franchise, with the sole exception of adult entertainment channels; 3. Any unregulated rate may be increased by franchisee at any time in any amount and basic rates may be increased by as much as 5% in any one year without approval from the City; 4. Any provision that is more restrictive than the Act is void; and, 5. There is no longer a requirement for any reduction in rates. Mr. Snyder said a city may now charge franchise fees up to 5% in 1987. Mayor Naughten interjected that any increase in fees would probably be passed on to subscribers. There are no upper or lower franchise term limits, Mr. Snyder said, and a shorter period of time could be considered. He noted that a decision in the Ninth Circuit Court of Appeals last week found the Los Angeles cable franchise to be unconstitutional and recognized a constitutional free speech right in the conduits and use of cable systems. He said the legal basis for a city to regulate a cable system is up in the air until this has been decided by the Supreme Court. Councilmember Nordquist said a major subject at the National League of Cities was cable television franchises. He said there will be a seminar in June in San Francisco on the same subject and someone should attend from the City. Another aspect of the decision to be heard by the Supreme Court, said Mr. Snyder, is the implication that a cable company may be able to service six blocks rather than,a geographical area. Mayor * Mayor Naughten said he was privileged to attend a roast for Mary Harschman last Friday evening. He had presented a proclamation at that time on behalf of the citizens of Edmonds wishing Mr. Harschman success and happiness in his future endeavors. The Mayor reported that on Friday, March 1, there was a breakfast for local builders and developers, also attended by Councilmember Kasper. Minutes of the meeting will be available. He said the purpose of the meeting was to hear the concerns and views of the Edmonds development community regarding the development process and its improvement. Mayor Naughten said that Stevens Hospital had requested that the annual Health Fair be advertised on the City water bills during March. The date of the Fair is May 16. The Mayor reported that the City Attorney has recommended that the Meadowdale Final Assessment Roll hearing be conducted by a hearing officer, since it will be a four or five hour meeting. The reason for the suggestion is that the Hearing Examiner makes findings of fact and conclusions along with recommendations to the City Council. The recommendation would come to the Council and anyone could appeal. Mr. Snyder agreed that five hours would be a minimum for the meeting and this could be heard by a hearing officer who would sort it out and come back with recommendations. In order to do this, he said, there would have to be a brief ordinance establishing a hearing officer for this purpose and providing for Council appeal. Councilmember Kasper said changing the hearing date to the 17th from the 16th might create a problem in that this is very critical and he would not want the Council to act after the fact. Mr. Snyder said no notices have been sent out to date and the statute provides for use of a hearing officer. Nothing about the LID would be heard next creek, he said, just the ordinance setting up the mechanism. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER * See March 12, 1985 Minutes EDMONDS CITY COUNCIL MINUTES Page 5 March 5, 1985 KASPER, TO INSTRUCT THE CITY ATTORNEY TO DRAFT AN ORDINANCE MAKING IT POSSIBLE FOR A HEARING ! OFFICER TO CONDUCT THE HEARING ON THE LID. MOTION CARRIED. COUNCIL Councilmember Ostrom raised the question of the lapse of security within the City in handling confidential information within the City. He asked if a report would be made available. Mayor Naughten replied affirmatively. Councilmember Hall asked whether Council members' salaries were still being reported to Employment Security. Mr. Housler replied in the negative. Councilmember Hall said the Community Services Committee met last week. They discussed parking at the Ebbtide Apartments, accepting the suggestion of City Clerk Jackie Parrett for I a solution. Ms. Parrett said the City Attorney will prepare an ordinance for the Council's consideration next week. Councilmember Hall said the second issue before the Committee, the undergrounding ordinance, was remanded to the City Attorney. Councilmember Kasper mentioned an excellent article in the Sunday Times on secondary sewerage treatment. Councilmember Wilson asked for a progress report on the Council Assistant position. Council President Nordquist said the application period will close this Friday, March 8; to date he has received approximately 15 applications. Since there was no further business to come before the Council, Mayor Naughten adjourned the meeting at 9:40 p.m. JA QUELINE G. PARRETT, City Clerk '/', �,- � , , "!! z LAW S. &GHTEN, Ma or EDMONDS CITY COUNCIL MINUTES Page 6 March 5, 1985