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02/11/1986 City CouncilTHESE MINUTES SUBJECT TO APPROVAL FEBRUARY 18, 1986 EDMONDS CITY COUNCIL MINUTES FEBRUARY 11, 1986 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 sa- lute. PRESENT Larry Naughten, Mayor John Nordquist Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper Lloyd Ostrom Jack Wilson Cindy Browne, Student Rep. CONSENT AGENDA STAFF PRESENT Peter Hahn, Comm. Svcs. Dir. Bob Alberts, City Engineer Art Housler, Admin. Svcs. Dir. Mary Lou Bloc, Planning Div. Mgr. Dan Prinz, Police Chief Linda McCrystal, Arts Coord.inator Jerry Hauth, Hydraulics Engineer Jack Weinz, Fire Chief Scott Snyder., City Attorney Jackie Parrett;.City Clerk .Margaret Richards, Recorder Item (E) was removed from the Consent Agenda and moved.to a later date to be determined. Items (D) and (H) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCIL - MEMBER OSTROM, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. .MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF FEBRUARY 4, 1986 (C) APPROVAL OF TOURISM PROMOTION BUDGET FOR THE, ARTS - FUND 123 ($4,500) (E) AUTHORIZATION TO REPLACE.1979 ELGIN SWEEPER ($97,111.08) (F) ADOPTED ORDINANCE 2549 REGULATING FEES CHARGED FOR INSPECTION OF INSTALLATION OF SATELLITE DISH ANTENNAS ADOPTION OF COUNCIL FINDINGS AND CONFIRMATION OF DECISION TO UPHOLD HEARING EXAMINER'S DECISION DENYING HOME OCCUPATION PERMIT FOR DENTAL OFFICE AT 8505 TALBOT RD. CU-42-85/APPELLANT: DR. JOHN LAGOS LITEM D ON THE CONSENT AGENDA Councilmember Dwyer noted that the. draft Decision from City Attorney Scott Snyder -had an option with regard to the compressor. He requested that the draft reflect that he voted in favor of the reason reflected in Conclusion of Law 3 and did not vote in favor of reasons 1, 2, 4 and 5. Mayor Naughten said his statements were reflected in the February 4, 1986 minutes. Mr. Snyder said they would also be reflected in tonight's minutes. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (D). MOTION CARRIED. 'A roll call vote was taken with Councilmemb.ers Dwyer, Jaech, Nordquist, Ostrom and Wilson voting in favor, and Councilmember Hall and Councilmember Kasper abstaining because they were not present for•the hearing. MOTION CAR- RIED: AUTHORIZATION TO RETAIN JOHN GALT AS HEARING EXAMINER PRO TEM AND AUTHORIZATION FOR MAYOR TO SIGN PERSONAL SERVICES CONTRACT LIIEM H ON THE CONSENT AGENDA Councilmember Nordquist stated that Diane Vanderbeek, when interviewed for the position of Judge Pro tem, expressed an interest in the position for Hearing Examiner pro tem. He requested that Ms. Vanderbeek be given an opportunity to be interviewed for this position before making a final decision. City Attorney Scott Snyder said an alternative would be to add Ms. Vanderbeek to a list of judges pro tem that are utilized in the event of a conflict. The Council concurred. Mr. Snyder will contact her and inform her that she will be added to the list, and a contract will be prepared. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (H). MOTION CARRIED. FIRST QUARTERLY MEETING WITH EDMONDS CHAMBER OF COMMERCE Barbara Kindness. President of the Edmonds Chamber of Commerce, expressed appreciation for having the opportun e ­�eet with the City Council and hoped to continue to do so in the future. She introduced members of the Board as follows: Mike Medin, Chris McDevitt, Marsha West, Diane West, Dick Beselin, and Mary Lou Block. Ms. Kindness said one of their goals this year was to increase its membership by 80%. They cur- rently have approximately 200 members. The Chamber wishes to involve new businesses in Edmonds as well as new people to the area in Chamber of Commerce and.c.ommunity events. Other goals are to continue with efforts to promote all of the Edmonds satellite shopping areas. Ms. Kindness said the business community needs to be more aware of keeping the sidewalks in front of their businesses cleaner as well as City streets. She said a week in April is being designat- ed in Washington State as "Keep Washington Green" to "put on a good face" for. Expo visitors. As part of a community effort, a Seattle -based committee for recycling and litter control is offer- ing Edmonds litter bags and organizational kits. Promotional materials, such as the ferry brochure, will also be a focus of attention this year. The new brochure has a perforated section which people can send in for information regarding the City. The Chamber has received many responses from all over the country. Mayor Naughten appoint- ed a promotional committee. They're in the process of looking at other possibilities for promo- tional materials for Edmonds. The committee has advertised in Washington Magazine as well as other publications, and many responses are also coming in from different parts of the country. Also planned are seminars for members of the community. Councilmember Wilson inquired if it would be beneficial if a committee was formed that met once a month with, perhaps, a rotating member of the Council, to discuss new ideas. Ms. Kindness respond- ed positively. She said many times events are planned, and the Chamber is insure how to pro- ceed. Mr. Beselin said he felt the lines of communication need to be opened between the Council and Chamber of Commerce. He said the City is facing a budget deficit in the ensuing years, and the business community would like to participate in trying to offset the deficit. Mr. Beselin felt this.could be accomplished in a joint effort in trying to keep sales dollars up in Edmonds shops. He said a lot of revenue is lost to the malls outside the area so any effort to keep business in Edmonds would help the City. Councilmember Nordquist inquired if any programs were directed to merchants outside of the downtown area. Ms. Kindness said each member of the commit- tee is assigned a specific area. They inform businesses of current events and meetings, and extend invitations to social events. She said the Chamber has also taken out advertisements in magazines to target different areas in Edmonds. A business directory is soon to be printed to facilitate not only businesses in the community, but to serve, also, as a community guide. Mayor Naughten inquired how the business directory could be obtained. Ms. Kindness said the directo- ries will be distributed to all realtors, doctors, dentists, the library, the Chamber of Com- merce, and will be sent to people upon request. Councilmember Hall suggested that business may be increased if businesses were to serve coffee and donuts, etc., through their back doors in open alleyways, creating a draw from one area to the next with stopping placed for snacks and refreshments. Councilmember Wilson inquired if businesses outside of the downtown area were organized into a merchants' association. Ms. Kindness said a few of the businesses were organ- ized but did not engage in group advertising. Councilmember Wilson commended the Chamber of Commerce for the good work they are doing in the community on behalf of businesses and in enhanc- ing sales. He said he considered the investment the City made on behalf of the citizens a good investment. Ms. Kindness noted that, with the exception of Marsha West, the staff serves on a voluntary basis. Councilmember Hall inquired if the Chamber had any suggestions for the Coun- cil. Ms. Kindness said the insurance aspect for the Taste of Edmonds required immediate attention on the part of the Chamber of Commerce and City Council. Dave Earling said there has been a spirit of cooperation among the .City Council, the business community, Port district, and resi- dents in attaining certain goals. lie said it was important not to lose sight of this. Mayor Naughten said the business district in Edmonds is very unique, and the merchants work hard to promote business and bring people down to their shops. He said he admired the commitment and energy from members of the Chamber of Commerce and business community in their continuing effort to develop a healthy business district. Councilmember Dwyer inquired if the Chamber carried insur- ance as an entity. Ms. Kindness replied affirmatively. Councilmember Dwyer recommended that insurance.be immediately pursued for the Taste of Edmonds event. Ms. Kindness suggested that this issue may be something that the committee previously suggested by Councilmember Wilson should undertake, and that guidelines be written by them to better facilitate the Chamber. Coun- cilmember Kasper said many businesses issue coupons which attract repeated business. fie suggest- ed this may be one avenue to take into consideration. Ms. Kindness said this concept has already been experimented with in a "Let's Get Acquainted Movie" in downtown Edmonds. People were invit- ed to watch a movie free of charge, and coupons were distributed at that time. Councilmember Nordquist noted that Monroe has posted a calendar of meeting dates of organizations within the EDMONDS CITY COUNCIL MINUTES Page 2 FEBRUARY 11, 1986 City. He said it has directed him to organizations when he has been out of town. Ms. Kindness said this concept has been considered, and such a calendar will be.posted in the business directo- ry. Mayor Naughten inquired if the ferry brochure will be reprinted. .Ms. Kindness replied affir- matively. Mayor Naughten inquired if the Chamber considered selling postcards of Edmonds. Ms. Kindness said Councilmember Wilson suggested that idea just recently, and the costs to print the cards are being investigated. REVIEW OF WATER QUALITY TASK FORCE PROJECT Community Services Director Peter Hahn gave background information. Mr. Hahn reviewed the most significant issues relating to the proposed work plan by the Task Force as follows: City needs and priorities, scope of work, cost effectiveness, and procedure. He said Staff views the drain- age and stormwater runoff to be a.very high priority. The County recently notified the City of their willingness to contribute a significant amount of money toward joint City/County drainage studies and pre -design for the Chase Lake/Ballinger subbasin. Councilmember Jaech inquired if the funds were in the County's 19.86 budget. Mr. Hahn replied affirmatively. Mr. Hahn said there are also unanticipated drainage projects costs which place a demand on the Water/Sewer Funds, such as a major culvert on 76th and Meadowdale Beach Road. In addition, Staff is aware of a need to prepare a comprehensive stormwater/drainage system study and control program for the coming years. He said the proposed grant amount for the Task Force diverts too much money from the Sewer/Water Funds --funds which could be directed towards addressing drainage problems in the Shell Creek basin and other areas.Mr. Hahn recommended to begin to inventory and study the drainage system at Shell Creek and Chase Lake/Ballinger area and incorporate the youth field work and fisheries enhancement into,the overall study. City Engineer Bob Alberts said in reviewing the storm drainage issue, there are three basic prob- lems: 1) documentation and knowledge of the basins is very poor; 2) lack of direction in identify- ing responsibilities as well as a lack of policies and procedures in addressing damaged areas; and 3) funding. He introduced Hydraulics Engineer Jerry Hauth. Mr. Hauth gave an explanation of a vicinity map of the Shell Creek Watershed and flow patterns. He said there are ten drainage basins in the City. Shell Creek comprises approximately 1/10 of the total drainage of the City, consisting of 796.acres. With the recent storms, several houses were flooded in the Chase Lake area. He said regardless of the course of action the County takes, there will be a significant impact to the City's drainage system. Councilmember Dwyer inquired why the Council was being asked to reassess action that the Council took on December 10, 1985. Mr. Hahn said the Task Force proposal had changed since that time, and Staff did not have the opportunity to review it in detail before presentation to the Council. Staff has subsequently had the opportunity to review it, and it is their opinion that the proposal does not address the real problems. Council - member Dwyer expressed disappointment with Staff's presentation this evening. Councilmember *Ostrom said he recalls Councilmember Dwyer asking Mr. Hauth at the December meeting what his preference was., and Mr. Hauth said he would like to conduct a drainage study before the water quality study was done. Mr. Hauth added that he had no idea, at the December 10 meeting, that the Council was at an appropriation stage. But as soon as the motion was made, he tried to con- tact the Mayor to express how inappropriate he felt it was to progress in that direction. Council - member Jaech noted that, although she was not present at that meeting, she has attempted to re- search all of the information. She said regardless of what previously took place, the Council needs to assess the drainage problems and how to proceed. However, in view of financial cut- backs, she said funds should be allocated wisely. If a Request for Proposal (RFP) is prepared, it should be put out to bid for everyone to insure that the product received is the best for the dollars spent. Councilmember Jaech said she contacted several firms, and all were interested and capable of conducting a water quantity study and also combine a water quality study. Mr. Hahn said some of the work typically done by technicians or surveyors can be done by local resources and could be specified in the proposal so that the educational goals of the Task Force is incorpo- rated into the final product. Mr. Hahn said this issue was outlined in the memo he sent to the Council. Councilmember Hall said she was slightly confused. Mr. Hahn said there were four ele- ments in the work plan that the Task Force submitted: 1) water quality; 2) water quantity; 3) fisheries enhancement; and 4) domestic toxic waste. The two major concerns are water quality and water quantity. Staff is recommending that water quantity be addressed since it is, by far, the most serious problem. Councilmember Hall inquired about the status of the $47,500 and Task Force. Mr. Hahn said, in his opinion, the $47,500 was a very large arbitrary amount, but a small- er amount could be designated for the educational and public awareness aspects of the overall study and incorporated into a. larger study. Councilmember Kasper inquired if this issue was before Community Services before December 10.. Councilmember Hall said it was before another committee meeting convened by the Mayor. Councilmember Kasper questioned if the Water/Sewer Funds could be used for a water quality study. Councilmember Dwyer inquired if a member of the Task Force who has already commenced work will be paid. Mr. Hahn said he informed Mr. Boye that payments were not made without Council approval. Councilmember Hall said she publicly reminded Mr. Boye that payment was premature. Councilmember Dwyer inquired if that information was con- veyed before work had commenced. Mr. Hahn said Staff was unaware that any work was being done, and there was no notice to proceed. Administrative Services Director Art Housler said he in- formed Mr. Boye in a telephone conversation.that he could not authorize disbursements or payments *See March 4, 1986 Mi nutes EDMONDS CITY COUNCIL MINUTES Page 3 FEBRUARY 11, 1986 for labor without Council authorization. Mayor Naughten inquired if any monies were due because of a misunderstanding that the Council approved payment. City -Attorney Scott Snyder said the City did not have a legal obligation to disburse monies for work performed because the Council did not appropriate the money or contract for work. Councilmember Kasper inquired if Water/Sewer Funds could be used for a water quality study. Mr. Snyder said there are several requirements being placed on cities to monitor stormwater quality at culverts and other city drainage ways, and the water quality study would be covered as a proper expenditure. Mr. Hahn recommended: 1) pursue the joint project with the County and address some imminent drainage problems; 2) start defining a Request for Proposal subject to Council approval; and 3) submit a proposal to the State Department of Ecology which reflects the Task Force's approach. Councilmember Jaech noted, as part of the overall budget process,it would be helpful to the Council if a listing were formu- lated of the various areas where drainage needs to be assessed, prioritized, and establish a street plan. Councilmember Jaech inquired how Staff would proceed, and also when they would submit a proposal to the Council...Mr. Hahn said it was important to submit a proposal for the State grant. Councilmember Jaech inquired when the RFP would be submitted to the Council. Mr. Hahn said Staff would attempt to submit it on March 10. Mr. Housler stated that he has a tele- phone slip dated December 23, 1985 to return Bob Boye's call. He returned his call at 2 p.m. and informed Mr. Boye that he had no authorization to make payments to the Task Force. Mr. Housler telephoned Mr. Snyder the. same day and instructed him to call Mr. Boye in regard to the legali- ties and contract. Mr. Snyder indicated he did so. COUNCIL ACTION ON CLASSIFICATION STUDY COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER.OSTROM, TO ACCEPT THE CLASSIFICATION STUDY. A roll call vote was taken. THE MOTION FAILED, WITH COUNCILMEMBERS JAECH, NORDQUIST, AND OSTROM VOTING IN FAVOR, AND COUNCILMEMBERS DWYER,- HALL, KASPER, AND WILSON OPPOSED. Councilmem- ber Nordquist said he made the motion only to accept the study as it is, and then break it down and review it. Councilmember Kasper inquired if the motion included accepting the classifica- tions as set forth. Councilmember Nordquist said the Council was accepting the findings and the study. Councilmember Kasper inquired if the Council was accepting all classifications as previous- ly classified and approving those which were changed. Councilmember Ostrom recommended accepting the methodology. Councilmember Kasper stated he was unable to determine if the methodology was legitimate and objective. He said he questioned whether several jobs were even analyzed. Council - member Ostrom said if the Council is not ready to accept the methodology, the consulting firm should be requested to appear before the Council again and no further discussion should take place at this time. Councilmember Hall said there were questions she would like more definitive answers to. She suggested that the Council confer with the consultant and management team once again. Mayor Naughten suggested that a specific list of questions be compiled by Councilmembers and submitted to him to ensure that all concerns are covered. Councilmember Wilson said he was not comfortable with some of the results because some areas were not addressed, and he does not feel the study was objective. Councilmember Jaech said it appeared that the Council was in consen- sus to accept the methodology, but many had questions regarding particular positions. She suggest- ed that an accounting be provided to Councilmembers on classification of these positions. COUNCIL - MEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ACCEPT THE STUDY IN ITS METHODOLOGY. MOTION CARRIED. Councilmember Ostrom inquired if the recommended actions in Exhibit #12 still ember applied to the study. Mayor Naughten replied affirmatively. CouncilmbOstrom recommended to also focus on those recommendations in the examination of the reclassification study. Council President Hall set March 10 to further discuss this issue. COreclassificUNCILMEMBER NORDQUIST MOVED, SECOND- ED BY SECOND - DISCUSSION. COUNCILMEMBER JAECH, TO CLOSE THE MARCH 10 AGENDA AFTER ADDING THE CLASSIFICATION STUDY DISCUSSION. MOTION CARRIED. February 18 was set as the deadline to submit questions to the Mayor. APPROVAL OF ADJUSTMENT OF NONREPRESENTED EMPLOYEES' SALARIES AND SALARY RANGES COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO MOVE THIS ITEM 10 MARCH 18 FOR DISCUSSION. MOTION CARRIED. PROPOSED ORDINANCE 2551 ESTABLISHING PENALTY FOR FAILING TO CONNECT TO SEWER SYSTEM IN LID 210 REA ME OWD L" Community Services Director Peter Hahn gave background information. Councilmember Nordquist expressed disappointment with the Health District's findings. He said the sewer system was pro- posed in the Meadowdale area based on the premise that the Health District would declare that area as a health hazard. Councilmember Kasper said area residents acquiesced to sewer connection with the compromise that the City would not proceed with the stabilization unless it could be stabilized by reduction of water as well as controlling the water. Mr. Hahn noted that stormwater runoff is the largest contribution to slippage. He said between the time Dr. Hyatt declared the emergency and now, State law has changed, and the City no longer has authority to require sewer connection. Councilmember Hall expressed concern with the health hazard. Council - member Dwyer inquired if the Health District's findings compromised the success of the L.I.D. or EDMONDS CITY COUNCIL MINUTES Page 4 FEBRUARY 11, 1986 its ability to be paid for. Mr. Hahn replied negatively. Councilmember Dwyer asked what the problem was and what the effect of the problem was. Mr. Hahn said one of the.residents reported grey water. He said he contacted the.Health District to see if those drain fields could be com- pelled to hook up to the sanitary system. B.ut since the drain fields were working, the District would have difficulty forcing them to connect. Councilmember Dwyer inquired if grey water was not a consideration. Hydraulics.Engine'er Jerry Hauth said if a health hazard, such as grey wa- ter, exists, the Health District can.force the issue to be addressed. Councilmember Dwyer stated that the dispute was -whether or not grey water existed, and not what would ensue if the Health District were to discover it. Mr. Hahn concurred. He said the Health District investigated the matter and did not find any grey water. COUNCILMEMBER OSTROM MOVED,. SECONDED BY COUNCILMEMBER . KASPER, TO ADOPT ORDINANCE 2551 MOTION CARRIED. EXECUTIVE SESSION - BRIEFING ON SETTLEMENT OF LAWSUIT The Council recessed to Executive Session at 9:16 p.m. and reconvened at 9:42 p.m. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY CQUNCILMEMBER OSTROM, TO DENY THE REQUEST OF ATTORNEY RALPH ALFIERI TO REDUCE ANY CLAIMS THAT THE CITY HAS MADE. MOTION CARRIED, WITH COUNCILMEMBER D.WYER OPPOSED. MAYOR Mayor Naughten reported that the Edmonds citizens surveys were mailed last Monday. There has been a 31% return, as of today. The Mayor noted that Community Transit displayed a trolley in Edmonds last Friday with the possi- bility of lease by the business community. The Council watched a video tape of the trolley. Mayor Naughten asked the Council what their opinion was of the Hazard Vulnerability Analysis. Councilmember Jaech indicated they had just received the analysis tonight and did not have time to review it. COUNCIL Council President Hall announced that the Council received a schedule of the Municipal Court sessions. She acknowledged the correspondence from John Pomeroy and Bernard Anderson. City Attorney Scott Snyder stated that the City Planning Department has given notice to revoke Mr. Pomeroy's permit. He recommended if she receives any further communications to retain them because they will need to be revealed as ex parte communications if the matter is appealed. Council President Hall brought to the Council's attention the correction sheets from Administra- tive Services Director Art Housler regarding the budget. She scheduled the Retreat on May 2 and 3 at Port Ludlow, with Council concurrence. Council President Hall said the Council assistant has been inundated with Council projects which have resulted in the involvement of much Staff time. Mayor Naughten said if such projects re- quire than an hour of Staff's time, it would require authorization by the Mayor. . Councilmember Nordquist expressed his appreciation to the Mayor of disbursement of the Boards and Committees directory. However, he said he was concerned that the employees' home addresses were listed and may be used as a mailing list. . Councilmember Jaech noted that next. week's agenda includes a hearing on proposal to exempt bed and breakfast establishments and single unit rentals from business license requirements. She said Council discussion is necessary because the.Code could be interpreted as requiring anyone who has any kind of rental to have a business license. Councilmember Jaech mentioned that last night's news had an interesting segment on Carmel, Califor- nia. She said many comments have been made regarding the similarities between Edmonds and Carmel. Councilmember Jaech brought to the Council's attention that if grocery slips are submitted to P.A.W.S. from Olson's or Hagg.en's, P.A.W.S. will receive 1% of the purchase price as part of the grocery stores' charitable contribution. . Councilmember Jaech requested, due to the conflict of information received and dissatisfaction with information received regarding the Hutt property, that an external audit be conducted of all City rentals. Councilmember Ostrom concurred. Mayor Naughten adjourned the meeting at 10:02 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUN- CILMEMBER DWYER, TO EXTEND THE. MEETING NOT TO EXCEED 15 MINUTES. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 5 FEBRUARY 11, 1986 Councilmember Wilson inquired about the cost of such .an audit. City Attorney Scott Snyder said a C.P.A. would probably need to be retained on an hourly basis. He did not feel that a proposal could be produced for such an open-ended audit. Councilmember Dwyer said .the City did not have a lot of money to spend on an open-ended audit. If the City could not do the audit in house, the Staff person that is incapable of performing his duties should be fired and someone rehired in his place. Councilmember Hall recommended that this issue be brought before a combined Administra- tive Services/Community Services Committee meeting with citizen input. Councilmember Dwyer sug- gested that the Mayor direct Staff to reorganize their priorities because he felt the Council should not be put in a position to authorize money to do an external audit which .the Council perceived as Staff's responsibility. Council President Hall directed Administrative Services and Community Services to schedule a joint meeting. Councilmember Kasper inquired what the Council's position was in regard to the trolley. Council - member Nordquist said since the Council did not have the funds to lease it, it becomes a Chamber of Commerce obligation. Councilmember Dwyer reminded. Council members to speak with him regarding the Medic 7 issue if they . had any reluctance to approve the expenditure. The meeting adjourned at 10:19 p.m. - AC ELINE G. PARRETT, City.Clerk LARRY S. NAUGHTEN. Mayor 1