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.
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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
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LAW S. &GHTEN, Ma or
EDMONDS CITY COUNCIL MINUTES
Page 6 March 5, 1985