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02/10/1987 City CouncilTHESE MINUTES SUBJECT TO FEBRUARY 17, 1987 APPROVAL EDMONDS CITY COUNCIL MINUTES FEBRUARY.10, 1987 (WORK MEETING) The regular meeting of the Edmonds City Council was called to girder 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 STAFF PRESENT Larry Naughten, Mayor Jack Wilson, Council Pres. Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper Lloyd Ostrom John No rdquist Tony Russell, Student Rep. CONSENT AGENDA Mary Lou Block, Planning Div. Mgr. Bobby Mills, Pub. Wks. Supt. Art Housler, Admin. Svc. Director Jack Weinz, Fire Chief Dan Prinz, Police Chief Sharron Thatcher, Personnel Manager Chucl Day, Acctg. Supervisor aob Alberts, City Engineer Peter Hahn, Comm. Svc. Director Hal Peeves, Building Official Greg Ramsland, Equip. Rental Spvr. Scott. Snyder, City Attorney Jackie Parrett, City Clerk Margcret Richards, Recorder Items (B) and (E) were removed from the Consent Agenda. COUNC.ILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE BALANCE OF THE .CONSENT AGENDA. MOTION- CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) ADOPTED ORDINANCE 2602 ADOPTING STATE .SEAT BELT LAW (D) ADOPTED ORDINANCE 2603 AMENDING PENALTIES IMPOSED UPON VIOLATORS OF EDMONDS CITY CODE CHAPTER 5.12, CRIMES RELATING TO CHILDREN AND MINORS (F) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM SAMUEL B. CRANE ($320.60) (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH EDMONDS MAIN STREETS PROJECT ($7,500) (H) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH RICHARD THORPE FOR MUNICIPAL JUDGE PRO TEM SERVICES (1) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH JAMES FELDMAN FOR PUBLIC DEFENDER . SERVICES APPROVAL OF MINUTES OF FEBRUARY 3, 1987 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Jaech referred to the memorandum from City Clerk Jackie Parrett in which she noted there was an omission from page 2 of the subject minutes. The discussion for Item (H) was omit- ted, as well as the caption for Item (J), so the two items ran together. Therefore, following the ninth printed line on page 2, which was the caption "FINAL APPROVAL OF 6 LOT SUBDIVISION AT 1126 - 2ND AVE. S. (DEER PARK/P-3-86) [ITEM (H) ON THE CONSENT AGENDA], the following discus- sion should be entered: "Councilmember Jaech removed this iteri from the Consent Agenda because she was concerned. that the developer. may have filled beyond the amount for which he had a permit. She had received a report from Dean Nordquist that they were continuing to fill. Ms. Block responded that they had a permit to fill and she .had not received any complaints to that effect, and she specifically had not received such a report from Mr. Nordquist. COUNCILMEMBER JAECH THEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (H) ON THE CONSENT AGENDA. MOTION CARRIED". Also, although the discussion for the next item followed, the caption "FINAL ACCEPTANCE OF WORK BY UTELCON, INC., .FOR DAYTON ST. FORCE MAIN PROJECT AND SET 30 DAY RETAINAGE PERIOD [ITEM (J) ON CONSENT AGENDA] was omitted. COUNCILMEMBER J,AE.CH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE THE FEBRUARY 3, 1987 MINUTES AS CORRECTED. MOTION CARRIED. ACCEPTANCE OF QUIT CLAIM DEED FROM GORDON LIPPMAN, RONALD SALVINO. MELVIN J. STEINKE. Councilmember Kasper asked what the position of the party to the south was with respect to reopen- ing the street. He suggested that perhaps this issue should be referred to a committee for re- view. Planning Division Manager Mary Lou Block said the street had not been vacated. The City, she said, is required to accept a deed any time there is a building permit application adjacent to a public right-of-way that is shown on the Official Street Map. Councilmember Nordquist said the south half of the street was retained by Monogram and the north half by Putt Putt Golf Course. Councilmember Kasper inquired about the circumstances if one party wished to open the street but the other party was opposed. Councilmember Nordquist said the Council's position is on record as not wishing to open the street. Ms. Block said accepting the deed only acquires the right-of-way for any future activity that is desired. Councilmember Kasper inquired if the parties can demand use of the street. Ms. Block said they can demand use.of a street regardless of the deed. City Attorney .Scott Snyder said reopening the street would require permits for curbcuts as well as a variety of other factors. The City, he said, could amend the Master Street Plan if it did not desire a through street. Councilmember Kasper inquired if the City would be obligated to allow the parties to utilize the street. Ms. Block replied affirmatively. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO PLACE ITEM (E) ON NEXT WEEK'S CONSENT AGENDA AND BE RESEARCHED IN THE INTERIM. MOTION CARRIED. COUNCIL DELIBERATION AND DECISION IN CONNECTION WITH HEARING ON APPEAL OF ADB DECISION REGARDING PROPOSED DEVELOPMENT AT 8339 - 212TH ST. S.W. ADB-50-86/APPELLANTS: MR. AND MRS. CLYDE M. City Attorney Scott Snyder stated that he received an eight -page letter from Sarah Mack, attor- ney representing the applicant. fie said he had requested the City Clerk to remove copies of that letter from the Council's blue folders until he had an opportunity to discuss the letter with them. Mr. Snyder said the letter basically reviews the evidence, particularly with respect to how the evidence presented relates to the requirements of the Comprehensive Pla.n and also expresses a willingness to short plat the property. Mr. Snyder said if the Council chooses to accept the letter, it would have an obligation to set a new hearing date and allow the other party an opportunity to review the letter and respond to it. He said because the Council had closed the public hearing, it was under no obligation to accept the letter. Councilmember Kasper said he has listened to the tapes of the public hearing. He recommended that information not be accepted subsequent to the close of a public hearing. He inquired what resolution the Council had made regarding the admittance of evidence. Councilmember Wilson said the Council had not resolved that issue yet. He suggested that the issue be placed on a future agenda for discussion. Councilmember Wilson said he did not feel that he needed to read the letter and was prepared to vote on the issue. EDMONDS CITY COUNCIL MINUTES Page 2 FEBRUARY 10, 1987 COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO DECLINE TO ACCEPT THE LETTER BECAUSE THE PUBLIC HEARING HAD BEEN CLOSED. MOTION CARRIED. Mr. Snyder noted that the February 3, 1987 minutes reflect that Councilmember Kasper was not present at that meeting, but Councilmember Kasper indicated that he had reviewed the entire record. Councilmember Kasper said he reviewed the proceedings of the Council as well as the Architectural Des.ign Board and that he had revisited the site. Councilmember Jaech said because the intersection is unique .in that it is a five -way intersec- tion with various businesses at each corner, a church, and residence for handicapped individuals, the Council must take into consideration the health, safety, and welfare of that community when rendering its decision. , Councilmember Nordquist said he reviewed the record of the ADB proceedings which indicated that the proposed development was denied as submitted, and a recommendation was made.that the appli- cant submit plans depicting the construction of the proposed building farther to the north and curbcut on 212th farther to the east, which was not complied with. He said the Council heard the issue on appeal and remanded it to the ADB with the intent that a greater setback be considered as well as relocation of the curbcut. lie expressed concern regarding ingress and egress to the site in a westerly direction. He cited two examples of businesses in Edmonds where ingress and egress similar to the proposed development are extremely hazardous. He recommended that the curbcut on 212th be eliminated and a curbcut be provided on 84th Street. He said, however, he would compromise if a high curb was provided on 212th to the east to prohibit cars from exiting the property in an easterly direction. He also recommended that an additional 20 foot setback be considered. Councilmember Hall said she wholeheartedly concurred with Councilmember Nordquist. She requested that the development of Phase II be clarified. Councilmember Ostrom expressed concern that the applicant had indicated a willingness to provide an additional setback of 20 feet but has not submitted plans to that effect. He said it seems as though the issue becomes more confusing because of the setback. * Councilmember Kasper expressed concern that the parking stalls in front of the convenience store will interfere with incoming cars if the building is located farther- east. He stated that the location of the building, as proposed, with an additional 5 to 10 foot setback may be the most feasible plan. He recommended that the traffic pattern be surveyed after one year and modified, if necessary. Mr. Snyder said because the proposed development is not a permit but an ADB development approval, it is not subject to the Council's conditional review provisions, but the Council does have the discretion to order alterations to the street or street divider. Councilmember Dwyer expressed concern regarding the setback of the building. He noted that the Council is not empowered to make alterations to the footprint of a building. Councilmember Jaech disagreed with Councilmember Dwyer. She said it is mandatory that the Coun- cil address the health, safety, and welfare of the surrounding community, and the Code sets forth provisions, to allow the Council to address those issues. She recommended: 1) that the curbcut be located farther to the east and away from the turn indicator, 2) a greater building setback to accommodate proper clearance for incoming cars. COUNCILMEMBER JAECH MOVED, SECO14DED BY COUNCILMEMBER HALL, TO REMAND THE ISSUE TO THE ADB; RELO- CATE THE CURBCUT FARTHER TO THE EAST AND AWAY FROM THE TURN INDICATOR; PROVIDE A GREATER BUILDING SETBACK TO ALLOW ADEQUATE SPACING AND TO PROTECT THE PARKING SPACES. Councilmember Hall requested that the issue of the adjacent bus stop as well as the one near the high school and the details of Phase II be addressed. Councilmember Nordquist noted that the ADB minutes reflect that possible .future development of Phase II was not an issue before the Council. Mr. Snyder said the traffic studies were based on tre highest and best use of the en- tire traffic and incorporated figures and hypothetical developm•�nt. lie reminded the Council that the applicant could short plat the property and divide it so that Phase II was not a part of the tract. * See Council Minutes of February 17, 1987 EDMCNDS CITY COUNCIL MINUTES Page 3 FEBRUARY 10, 1987 Councilmember Jaech said the traffic study was conducted during the summer months and not during peak hour traffic. * Councilmember Kasper inquired about the required setback of the proposed building to the east. Ms. Block said a 15 foot buffer is required between commercial and residential properties, but the building to the east is not residential so no setback is required. Councilmember Kasper suggested that a greater setback be considered to accommodate the business to the east. MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. PROPOSED FIRST QUARTER RECLASSIFICATION OF OFFICE CLERK POSITION IN ADMINISTRATIVE SERVICES DEPARTMENT Personnel Manager Sharon Thatcher reported that the request for reclassifying the office clerk position from NE 3 to NE 5 was referred to the Administrative Services Committee on January 13 by the Council. The purpose of the referral was to study Councilmember Jaech's suggestion that a full-time accounting clerk position be added in addition to the reclassification. Upon complet- ing the study, the Committee concluded that it was cost effective to: 1) reclassify the office clerk position to NE 4; Z) establish an accounting technician position, NE 6; 3) utilize amounts budgeted for overtime and part-time to fund these changes. Since the action was taken during the meeting, there was not time to determine the actual dollar amount needed. Therefore, the appropriation required was not addressed. Ms. Thatcher stated that Mayor Naughten appreciates the consideration and concerns of the Commit- tee, but both the Mayor and Art Housler recommend that the office clerk be reclassified to an NE 5 instead of an NE 4. Further indicated in the job description, the skills required when com- pared to other NE 5 positions in the City justify classifying it at an NE 5. For example, there is a similar position in Community Services which is classed as an NE 5. Ms. Thatcher said the office clerk position would serve full time in the Administration Depart- ment and serve as a floater and replacement position as well. All of the responsibilities for which the clerk will be performing are classified at least at an NE 5 level with the exception of the receptionist. One half of the time will be devoted in the City Clerk's office and the remain- der as a floating and replacement position. Councilmember Jaech said the issue was discussed at an Administrative Services Committee meeting, and it was determined that a full-time person was necessary in the Accounting Department as well as in Administration. It was recommended that the office clerk position be classified as an NE 4 as an incentive to aspire to a higher grade. She said the clerk will replace part-time and tempo- rary services. Councilmember Kasper inquired where the funds were derived from for overtime. Councilmember Jaech said the funds are derived from the General Fund. However, each department has allocated money for overtime, part-time, and temporary services. Councilmember Kasper inquired about the salary of an NE 4. Administrative Services Director Art Housler replied $13,874 plus benefits of $3,091, totalling $16,965 annually. Councilmember Hall requested justification for establishing the accounting technician position as well as the grade level because she said the formation of that position was opposed in the past. Mr. Housler said the accountant position was reduced to an NE 6 level. The accountant, Elaine Werner, was promoted to Supervisor. Councilmember Hall inquired if the accounting technician will provide total relief from the workload. Mr. Housler replied affirmatively. Councilmember Hall inquired if a request for an upgrade was anticipated in the future. Mr. Housler replied affirmatively. He said the accounting supervisor will be recommended for reclassification from anE3toanE5. Councilmember Dwyer inquired where the recommendation to restructure the position allocation and reclassification emanated from. Mr. HOUSler replied the Administrative Services Committee. Councilmember Jaech reviewed the process the committee went through in arriving at its recommenda- tion. Councilmember Dwyer inquired what: I,he amount budgeted was budgeted for. Ms. Thatcher said those funds were budgeted in Administrative Services for part-time and temporary services. Coun- cilmember Dwyer inquired if the expenditure required of $37,163' was budgeted for the Council's recommendation. Mr. Thatcher replied negatively. She said that expenditure was budgeted for *See Council Minutes of February 17, 1987 EDMONDS CITY COUNCIL MINUTES Page 4 FEBRUARY 10, 1987 Administration's recommendation. Councilmember Dwyer inquired which recommendation was less costly. Mr. Housler replied the Council's recommendation by $1,052. Councilmember Dwyer in- quired where the funds would be derived from. Mr. Housler said that issue was not addressed because it was referred to the Administrative Services Committee. He said the position could be funded from the Council Contingency Fund or not hired until July 1 and funded from the remainder of funds from the NE 6 position. Mr. Housler said it may appear that a lot of requests for adjustments emanate from the Accounting Department and Administration Department. He referred to Exhibit C in the Council packet and noted, however, that two positions have been eliminated from finance and data processing since 1978. Reduction of Staff has been accomplished through improving and automation. Ms. Thatcher said the responsibilities of the office clerk are identical to the secretary in Community Services, who is classified as an NE 5. The clerk will be filling in for positions classified as an NE 9, NE 8, NE 5, and two weeks out of the year for an NE 3. To classify the position less than an NE 5, she said, would not be correct based on the required qualifications and the nature of the job. Councilmember Hall said she disagreed based on the educational re- quirements as well as the fact that temporary services have filled that position. She said the Mayor's recommendation to reclassify the position to an NE 5 would be a disservice to the secre- taries classified as NE 5. Ms. Thatcher said the job requirements are identical to those re- quired of secretaries classified as NE 5. In addition, she said the temporary services did not perform all of the functions of the position. COUNCILMEMBER JAECH MOVED, SECONDED By COUNCILMEMBER OSTROM, TO ESTABLISH A FLOATER POSITION TO BE CLASSIFIED AS AN NE 4 FOR THE ADMINISTRATIVE SERVICES DEPARTMENT; ESTABLISH A FLOATER POSITION TO BE CLASSIFIED AS AN NE 6 FOR THE FINANCE DEPARTMENT AND TO REPLACE OVERTIME TO BE FUNDED FROM MONIES ALLOCATED FOR OVERTIME, PART-TIME, AND TEMPORARY SERVICES; REQUESTS FOR PART-TIME OR TEMPO- RARY SERVICES IN THE FUTURE BE SUBJECT TO COUNCIL REVIEW AND APPi:OVAL. Councilmember Nordquist said he would vote against the motion because he felt reclassification requests should be considered by the Council as a whole and not by committees. Councilmember Wilson concurred. Councilmember Wilson recalled that the issue was referred to the Administrative Services Commit- tee by the Council. He recommended that similar issues be resolved by the Council in the future instead of being referred to committees. MOTION CARRIED WITH COUN.CILMEMBER DWYER, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER KASPER OP- POSED. PROPOSED FIRST QUARTER RECLASSIFICATION OF ADMINISTRATIVE SUPERV.'.SOR POSITION IN POLICE DEPARTMENT Personnel Manager Sharon Thatcher reported that the Administrative Services Supervisor was recom- mended for reclassification in the fourth quarter of 1986 due to substantial changes in duties over the past two years. The position has become largely supervisory. The union concurs with this assessment and has agreed to exempt the position from its unit. The total amount required for implementation is available in the 1987 budget. Ms. Thatcher said Staff recommends that the Council approve the reclassification from an NE 9 to an E 2. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE RECLASSIFICATION FROM NE9toE2. Councilmember Nordquist said he would vote in favor of the motion because Police Chief Dan Prinz had called him and explained the basis of the request for reclassification. MOTION CARRIED. PROPOSED FIRST QUARTER RECLASSIFICATION OF SEWER MAINTENANCE_ POSITION IN COMMUNITY SERVICES DEPARIMENT Personnel Manager Sharon Thatcher reported that the request for reclassification of a maintenance worker, grade NE 7 to grade NE 9 in the Sewer Division, was discussed by Council previously and referred to Committee for review. In order to carry out its operations, the division needs two EDM01DS CITY COUNCIL MINUTES Page 5 FEBRUARY 10, 1987 NE 9's. The person occupying grade. NE.,7: is qualified for and has performed the work of a grade NE 9. This reclassification will provide the necessary additional grade NE 9 and recognize the work performed by the incumbent. Councilmember .Nord.quist said the Community Services Committee has recommended. approval of the reclassification. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMB.ER KASPER, TO APPROVE THE RECLASSIFICATION FROM GRADE NE 7 TO GRADE NE 9. MOTION CARRIED. REQUEST FOR :C.ONSIDERATION OF CITY COUNCIL DECISION TO CEASE PARKING LOT OPERATION IN CONJUNCTION WITH REZONE R 1 86 APPLICANT. ANTHONY DIPANGRAZIO Planning Division Mana9er Mary Lou Block reported that on January 6, 1987, the City Council voted to postpone the hearing on the contract rezone request of Anthony DiPangrazio to April 4, 1987. The rezone would change the zoning on his property on 238th St. S.W. from RM-2.4 to CG to allow a parking -'lot for his office building at 23607 Highway 99. The parking lot was built in violation of the Code. James Allendoerfer, attorney representing Anthony DiPangrazio, has requested the Council to reconsider the decision to require his client to close the parking lot prior to the hearing on April 4, 1987. Ms. Block noted that a copy of the letter from Mr. Allendoerfer requesting reconsideration of the requirement to cease the parking lot operation, as well as minutes from the January 6, 1987 Council meetin.g, were attached to the Council packets. She said Staff recommends that the Council reaffirm its decision to enforce the zoning ordinance and schedule an earlier hearing date on the proposed rezone as requested by the.applicant. Councilmember Ostrom inquired if the applicant was requested to cease operation of the parking lot subsequent to the Council decision. Ms. Block replied affirmatively. Councilmember Ostrom inquired if the applicant has complied. Ms. Block replied negatively. City Attorney Scott Snyder said Mr. Allendoerfer has been informed that his client is in viola- tion of the Code. He said it was difficult to serve the applicant legal documents because he is in Hawaii. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO REAFFIRM THE COUNCIL'S DECISION TO ENFORCE THE ZONING ORDINANCE AND SCHEDULE AN EARLIER HEARING DATE ON THE PROPOSED REZONE AS RE- QUESTED BY THE APPLICANT. Councilmember Dwyer said he voted in oppo:sition to the Council's original directive and would do so again He noted that despite the fact that Staff was opposed to the rezone request, the Plan- ning Board granted the request. He inquired whose decision the Council would give deference to. He said the Planning Board's decision should be pre.sumed to be correct while the issue is pend- ing. By the Council's directive, he said the Council would be presuming that the Board's deci- sion was incorrect simply because Staff assumes the opposite viewpoint. He noted that the issue would be moot if the Council upholds the decision of the Pl.anning Board. He said he did not feel enforcement would be an appropriate expenditure of resources and would be an insult to the Plan- ning Board. Councilmember Kasper said the Council should forbear on the basis that the number of parking stalls in relation to the requirement number of stalls is cdisproportionate. He expressed concern that the hearing had been postponed for the benefit of the applicant and suggested that the hear- ing date be scheduled earlier. Councilmember Ostrom said the Council was not passing judgment on the Planning Board's decision but, rather, simply taking action on an issue that was in violation of the Code. Mr. Snyder said because the lot was never inspected because it was built without a permit, and a safety factor must be considered, i.e., an interested citizen pointed out that the lot has a steep dropoff to one side near a home. The primary reason, he said, to review the issue was to get the parking lot inspected and have it built in accordance with City ordinances if zoning is granted. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBEP, DWYER, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 6 FEBRUARY 10, 1987 DISCUSSION OF PURCHASE EASEMENT OVER BURLINGTON NORTHERN RIGHT-OF-WAY Mayor Naughten reported that the strip of property in question is indicated as "ownership un- known" in the Council packet. While the ownership is somewhat controversial, it was his recommen- dation, as well as the City's legal counsel, that far more than $1,000 could be spent to legally resolve the matter. Mayor Nau.ghten recommended that the Council accept the offer from Burlington Northern to purchase a permanent easement over the 10 x 60.0 foot strip of property. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO PURCHASE THE PROPERTY FOR $1,000 TO CLEAR THE TITLE TO AVOID LITIGATION. Councilmember Kasper said it would behoove the City to gain waterfront exposure and to eliminate encroachment on waterfront property with respect to viewpoints. Councilmember Jaech said she was somewhat confused about the motion. She clarified that the City would only be acquiring an easement and not ownership of the property. She inquired if the ease- ment would include only the street section. Councilmember Kasper acknowledged his error. COUNCILMEMBER KASPER WITHDREW THE MOTION. THE SECONDER AGREED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE EXPENDITURE OF $1,000 TO PURCHASE THE EASEMENT FOR STREET PURPOSES FROM BURLINGTON NORTHERN RAILROAD. COUNCILMEMBER NORDQUIST MOVED TO AMEND, SECONDED BY COUNCILMEMBER KASPER, TO FUND THE PURCHASE OF THE EASEMENT FROM THE COUNCIL CONTINGENCY FUND. MOTION CARRIED. REPORT FROM ADMINISTRATIVE SERVICES COMMITTEE REGARDING LEASING OF POLICE VEHICLES Councilmember Jaech reported that the Council engages in annual discussions regarding the pur- chase of cars which encompasses the issue of lease versus purchase of the police vehicles. This issue was scheduled to be heard by the Administrative Services Committee to review which option was the most cost effective for the City. An area manager from the leasing division of U.S. Bankcorp. (the bank which purchased ONB) was invited to attend the meeting. Councilmember Jaech noted that a copy of the findings of the bank representative was attached to the packets. She said the Committee recommended, after reviewing all of the material as well as contacting Lynnwood and the State Central Purchasing Pool, to commence purchasing the cars and retaining the better ones for other departments after the police are finished with them and send the rest to the auction in Seattle. The Committee did not feel that the Police Department should attempt to sell the cars themselves. According to the City of Lynnwood, excellent prices are received when the vehicles are sent to the auction. She said it appears that better prices are available when the State pool or the Seattle Police pool are utilized. The bars, radios, and lights can be removed from the vehicles before they are placed for sale. Lynnwood indicated that it was better to remove those items. Councilmember Jaech said because there is not a reserve buildup for replacement in the B fund at this time for the vehicles, funds can be borrowed from a bank at a much lower price than the finance company (12.5%). O She said the figures have been adjusted on Item C, a memorandum from Police Chief Dan Prinz, to reflect the purchase versus lease option issue. Bill Griffin of the State pool felt that the City could save at least $750 per vehicle on the purchase price alone. He had stated that the State purchases 2,000 vehicles annual, and there is approximately a 90 day lead time on police vehicles. Councilmember Jaech said the finance company generally does riot find it difficult to sell the vehicles that the City turns over to them for the unamortized value because the condition of the vehicles is excellent. EDMONDS CITY COUNCIL MINUTES Page 7 . FEBRUARY 10, 1987 r ._'%Councilmember Hall inquired if Councilmember Nordquist had ascertained that the Health District saved $2,300 per vehicle when purchasing on a State bid. Councilmember Nordquist said those vehicles were four cylinder "K" cars. Chief Prinz said the State bid on the 1987 Chevrolet Caprice that the City of Lynnwood is pur- chasing is $13,025 including options and tax. An additional sum of $2,645 is factored into the price of the car for necessary equipment, plus $750 for installation, totalling $18,325. Chief Prinz noted that there is a cost of 1.0% ($490) to sell the cars at auction because the equipment must be removed, the car detailed, and transported. Chief Prinz reported that Lynnwood is asking $2850 for their 1984 Ford LTD's. He noted that research indicates that those vehicles resell for $1,200 to $1,700. Chief Prinz said the City makes payments of $13,845 over a 24 month lease period for its vehi- cles, noting that that figure was considerably less than the $18,325 purchase price less resale value of $15,965, equalling $1,800. fie said the lease option has cost the City less money over the last six years and is advantageous because Staff time is not utilized to order the equipment and receive and transport the vehicles to the installers. The vehicles are delivered set up and ready for use. Vehicles are returned after the 24 month period and leased again. Chief Prinz said there is a good residual value and market for the cars after their return by the City. Councilmember Kasper inquired about the residual value. . Chief Prinz said the City received $5,800 for a Caprice and will receive $6,800 next year. * Councilmember Kasper inquired if the Committee considered leasing a larger vehicle. Councilmem- ber Jae.ch replied negatively. Chief Prinz said the City hasn't had good luck with smaller cars. The Dodge Diplomat and Ford LTD's, he said, had terrible maintenance records. However, the City has had tremendous luck with Chevrolets. Mayor Naughten inquired about the mileage per Year on the vehicles. Chief Prinz replied 40,000 miles. Councilmember Wilson inquired about time element involved of Staff if the City purchased vehi- cles. Mr. Ramsland said other cities devote approximately 30 to 40 hours preparing the vehi- cles for use. Councilmember Hall complimented Staff for the care they take in utilizing and maintaining the vehicles: Mr. Ramsland said the City, since 1980, has not paid any residual on any vehicle because they are well maintained. Councilmember Hall discouraged the purchase of smaller vehicles because she said those vehicles are the officers' "home away from home", adding that larger vehicles provide better protection from physical injuries. She recommended that the source of financing, as well as other issues to lessen to the cost of the vehicles, be discussed at a future date before the Council. Councilmember Ostrom posed the question of retaining the vehicles at the end of the lease period and utilizing them for City purposes. Mr. Ramsland said although the City has retained three cars for City purposes, it is not feasible to retain all of the vehicles. Chief Prinz said the lea.s.e option is very feasible for the City because there is a market for equipped vehicles at the end of the lease period but no market for unequipped vehicles. Councilmember Wilson inquired about the difference of the resale value of a purchased vehicle, $4,000, versus a lea.sed vehicle, $6,800. Chief Prinz said the resale value is higher for leased vehicles because the leasing agency has a market for them. * Councilmember Kasper inquired if a three-year lease option has been contemplated. Chief Prinz reminded the Council that the vehicles are utilized extensively. He said even though they may not have high mileage, the vehicles. do have a lot of man hours. Mr. Ramsland said direct costs to operate and maintain the vehicles increase i.n the third year. Councilmember Wilson inquired why the City no longer purchases the vehicles. Chief Prinz said the City was only receiving approximately $800 resale value on purchased vehicles. Councilmember Wilson said because extensive research has been conducted regarding the purchase/lease option and *See Council Minutes of February 17, 1987 EDMON-0S CITY COUNCIL MINUTES Page 8 FEBRUARY 10, 1987 because the lease system works reasonably well and the expenditure under each option is compara- ble, he would vote in favor of the lease option. Councilmember Ostrom said a majority of the Councilmembers suspected that the lease option was more costly. He suggested.that the issue be further investigated. Councilmember Hall and Coun- cilmember Kasper concurred. Councilmember Kasper expressed concern regarding the cost of vehi- cles and recommended that a vehicle that will service the City for three years be considered if the City wishes to utilize larger vehicles. He inquired if data was available that compared the City's costs with respect to mileage opposed to other cities' costs. Chief Prinz said because there are differing factors, there is no data available on a true comparison. Councilmember Kasper inquired if the entity which purchases the vehicles and leases them again has information regarding third -year costs. Chief Prinz said the costs are lower in the third year of the lease. However, the City does not wish to lease the third year because maintenance increases and there is no market for those vehicles at the end of the third year. Councilmember Nordquist inquired if the police vehicles were specialized. Chief Prinz replied affirmatively. Chief Prinz said the vehicles must be ordered before February 15, 1987 or they will not be avail- able for another year. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE CHIEF PRINZ TO CONTINUE IN THE LEASE PROGRAM AND PROCEED WITH THE FORTHCOMING TWO-YEAR PROGRAM. Councilmember Hall inquired if Councilmember Wilson anticipated additional information to be presented to the Council prior to the forthcoming budget process. Councilmember Wilson replied affirmatively. Councilmember Kasper requested that information be provided with respect to third -year mileage costs in other cities. MOTION CARRIED. Councilmember Hall recommended,that the issue be placed on a future agenda. The meeting recessed to an Executive Session at 8:55 p.m. to discuss a personnel and property matter for approximately fifteen minutes. The meeting reconvened at 9:30 p.m. REVIEW OF PROFESSIONAL SERVICES CONTRACT WITH JAMES DRISCOLL FOR HEARING EXAMINER SERVICES This issue was rescheduled for discussion on February 24, 1987. Councilmember Wilson said the Council will meet with Mr. Driscoll in an Executive Session at 7:00 p.m. REQUEST FOR AUTHORIZATION TO PROCEED WITH FIVE CORNERS STORM DRAIN SYSTEM IMPROVEMENTS PROJECT 40,000 City Engineer Bob Alberts reported that .the storm drain system in the Five Corners area is a marginal system in which the pipelines were constructed at a flat grade. Because of the flat grades, the capacity of the system is limited and encourages settlement of the materials in the pipe. The. main pipeline for the system runs through property owned by St. Mathews Church and Rainier Bank. Both of those properties have proposed improvements that require the relocation of the storm pipeline at the property owner's expense. The capacity of the system can be improved by installing the relocated system at a steeper grade and greater depth. This will require the City to install a new pipeline across 212th St. S.W. The attached drawing depicts the proposed system. The system needs to be reconstructed. With the participation of the two property own- ers, the cost to the City will be reasonable and estimated not to exceed $40,000. This project was not budgeted. Therefore, the funds will have to be appropriated from Fund 411, ending cash balance. Mr. Alberts said it is the recommendation of Staff that the Council authorize Staff to proceed with the project and authorize $40,00.0 from Fund 411, ending cash balance. Councilmember Kasper inquired about the total cost of the projo,ct. Mr. Alberts said he did not know the total cost. Councilmember Kasper inquired how the figure of $40,000 to fund the. City's improvements was arrived at. Mr. Alberts said that was a ballpark figure. Councilmember Kasper commented that the situation would be ideal if the City acquired bids from the contractor re- tained by St. Mathews Church and Rainier Bank. Mr. Alberts said that was the intention, as well as to utilize Staff to the degree possible. EDMONDS CITY COUNCIL MINUTES Page 9 FEBRUARY 10, 1987 Councilmember Jaech asked what fund 41'1 was'` Mr. Alberts replied the Water/Sewer Fund. Council - member Jaech noted that the project is contingent upon the Rainier Bank project at 212th St. S.W. She inquired if the City's project may be delayed by the Rainier Bank project. Mr. Alberts replied affirmatively. He said Staff is not requesting immediate expenditure of funds, only that they be appropriated, and that the actual expenditure will be presented to the Council prior to the commencement of work. Councilmember Dwyer inquired about the amount of the ending cash balance in Fund 411. Mr. Housler replied $2,000,0.00. Councilmember Hall inquired if the cost of the project would be more or less than $40,000. Mr. Alberts said he believed it would cost less than $40,000. Councilmember Jaech expressed concern: 1) in authorizing Staff to proceed because she said the project was dependent upon the circumstances of Rainier Bank; 2) with respect to financing the secondary sewer treatment plant from the Water/Sewer Fund. Mr. Alberts said if Rainier Bank does not proceed with its project and the City only. improves the 212th St. crossing, the cost will be approximately $14,000 to $.16,000. Councilmember Jaech inquired if that improvement would service the area adequately. Mr. Alberts replied affirmatively. COUNCILMEMBER K..ASPER MOVED, SECONDED BY COUNCILMEMBER NORO.QUIST, TO APPROVE THE STORM DRAIN SYS- TEM PROPOSAL, TO BE FUNDED FROM FUND 411, AND SUBJECT THE CONTRACT TO COUNCIL REVIEW PRIOR TO COMMENCEMENT OF WORK. MOTION CARRIED WITH COUNCILMEMBER JAECH OPPOSED. REQUEST FOR AUTHORIZATION TO CONDUCT COLLEGE PLACE TRAFFIC STUDY ($6,400) City Engineer. Bob Alberts reported that at the January 20, 1987 Council meeting, Staff requested authorization for Bell -Walker Engineers to proceed with the College Place Traffic Study. Staff indicated that a budgeted amount of $12,500 was available in the Engineering Division's profes- sional services budget. That amount was in error and should have been $5,000. Staff thought that additional monies had been appropriated for the study during the 1987 budget process and that the budget amount for professional services had been increased from $5,000 to $12,500. This did not occur. Mr. Alberts said it is the recommendation of Staff that the Council approve the College Place Traffic Study and appropriate $6,400 from the Council Contingency Fund. Councilmember Dwyer inquired why the study must be conducted in 1987. Mr. Alberts said there are several proposals to develop that area this year, and the study was necessary to determine the comprehensive plan of the surrounding area. Councilmember Hall inquired about Councilmember Wilson's viewpoint regarding that area. Council - member Wilson said he did not feel that signalizatio.n was necessary at 208th Street. He was in favor, however, of the study. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE COLLEGE PLACE TRAFFIC STUDY AND APPROPRIATE $6,400 FROM THE COUNCIL CONTINGENCY FUND. MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. PROPOSED INCREASE IN BUILDING PERMIT AND PLAN CHECK, FEES Councilmember Kasper said he believed further studies were necessary with respect to plan check fees. Community Services .Director Peter Hahn reported that in December 198.6, the Council held a public hearing on building permit fee increases proposed by Staff. The .Council remanded the issue to the Community Services Committee and requested it .to recommend a policy for cost recovery through fees and a fee increase consistent with such a policy. The Committee made the following recommen- dations: 1) building permit and plan check fee levels should recover 100% of the direct cost -- defined as the Building section, the plan review conducted in Engineering, Fire, and Public Works, and one half of the Community. Services Secretary. City overhead and management costs will be excluded at the present time; 2) an initial increase of 10% in the present fee to be effective immediately with another increase the following year. EDMO140S CITY COUNCIL MINUTES Page 10 FEBRUARY 10, 1987. Mr. Hahn said Staff supports the Committee's recommendations. While the 10% increase would not quite achieve the 100% recovery level in 1987,,it will movetoward that goal. The best estimate for 1987 cost recovery with the 10% increase is within the 90 to 95% range. He said Staff also supports the 100% recovery policy, although it must be recognized that more rigorous accounting procedures would require that the total cost include direct management and City overhead in the computation.. Mr. Hahn said Staff recommends an in imediate. increase in fee, and a drafting of an ordinance set- ting the cost recovery level at 100%. Mr. Hahn noted that the pr.oposed.000 increase is 47%. Mr. Hahn said plan check fees are based on 65% of the building permit fee. He reported that ICBOintends to increase its plan check fees the full 47%. Councilmember Hall expressed concern that the proposed 10% increase would not reflect a 100% recovery fee. Mr. Hahn said the intent of the policy is to implement the recovery costs over a period of time. He said Staff may find it necessary to approach the Council with a request for adjustments if plan check fees increase. COUNCILMEMBER WILSO.N MOVED, SECONDED i3Y COUNCILMEMBER NORDQUIST, TO ESTABLISHA 100% COST RECOV- ERY POLICY AND IMPLEMENT A 10% INCREASE iN FEES AT THE PRESENT TIME AND INSTRUCT THE CITY ATTOR- NEY TO DRAFT THE APPROPRIATE ORDINANCE. Councilmember Wilson express.ed discomfort in voting for an increase because he said several weeks ago a hearing was held regarding the issue and several builders voiced their frustration that building permits were delayed. Mr. Hahn said many permits, are delayed because the applications are incomplete. He said he .reviewed a random sample of complaints and the process and ascer- tained that in most cases the cause of delay: was incomplete submittals. Councilmember Wilson inquired if the cause of the delays for the plan check process have been mitigated. Mr. Hahn said the City is no longer utilizing the services of ICBO. He said he felt he system was very well. organized and fair. Councilmember Kasper said he would vote in favor of the motion but expressed concern regarding plan check fees. He felt the City must streamline its services and try to save money. Mayor Nau.ghten said he has sunken with builders who lodged complaints and also ascertained that delays were caused by incomplete submittals. He said a majority of the builders in Edmonds feel that the system is better than systems in other cities. MOTION CARRIED. Mayor Naughte:n adjourned the meeting at 10 p.m. COUNCILMEMBER DWYER MOVED., SECONDED BY COUNCIL - MEMBER HALL, TO EXTEND THE MEETING. MOTION CARRIED. MAYOR COUNCiLMEMBER HALL MOVED, SECONDED BY COUN.CILMEMBER KASPER, TO CONFIRM THE MAYOR'S APPOINTMENT OF JAMES FELDMAN AS THE C1TY'.S PUBLIC DEFENDER. MOTION CARRIED. Mayor Nau.ghten...reminded'the Council that Congressman John Miller will hold a Town Hall meeting on February 14 in room 207 at the Anderson Center. Mayor Naught:en announced that the trolley made its inaugural run to Westgate and will operate on a permanent basis once an hour. Mayor Naughten said he attended a ceremony in Everett honoring three Snohomish County recipients of the Medal of Honor, two of whom had been Edmonds residents: Lance Corporal Kenneth L. Worley, a Marine who was killed in Viet Nam at age 22 in 1968, and Chief Machinist Robert E. Bonney, Navy, World War I Medal of Honor winner, who died at the age of 85. EDMONDS CITY COUNCIL MINUTES Page 11 FEBRUARY 10, 1987 COUNCIL Councilmember Dwyer .requested that the issue of a footprint of a building be reviewed with re- spect to the Architectural Design Board's authority.. Councilmember Hall said she recently attended the meetings of Snohomish County Cities & Towns at Nendel's. Jeanette Wood was elected as the new chairperson. Councilmember Hall noted that a future meeting will be held in Edmonds. Councilmember Ostrom referred to the memorandum from City Engineer Bob Alberts regarding Olympic View Drive/Olympic Avenue Modifications. He said there were prior hearings on that issue which elicited a tremendous amount of public interest. Councilmember Ostrom said he was uncomfortable in revising that area without holding another hearing. Councilmember Jaech recommended that the issue be scheduled for either Council discussion and review or a hearing. Councilmember Hall acknowledged 'a letter from Quintana Roo Restaurant owners, Chris and Eileen Matt, received on February 5, 19.87. The owners requested the. Council to continue to seek public opinion regarding the relocation of the secondary sewer treatment plan and find a better solution than simply expanding the current site. Councilmember Nordquist said he attended the Health District meeting that afternoon. An exten- sive report was reviewed regarding the hepatitis outbreak as well as coping with AIDS. The Dis- trict, he, said, is expanding its facility on Scriber Lake Road. Brochures addressing health issues are being sent to everyone who holds a health card. Councilmember Hall said a question was raised at the meeting if Dr. Hinds would eat in a restaurant which employed a person that had AIDS, and his response was "yes". The issue of requiring blood tests of persons employed in the food service business was brought up at the meeting. Councilmember Hall noted that the Silver King Restaurant in Snohomish was very cooperative with the Health District despite newspaper reports. Council President Wilson stated that Kirby White has been struggling with a serious bout of hepatitis but is on his way to recovery. Council President Wilson announced that the Council retreat is scheduled on March 13 and 14. Council President Wilson reported that he has had several interviews with applicants for the Council Resource Person position and hopes to fill the position in the near future. Councilmember Kasper suggested that the Council Work Dinner meeting be taken off the schedule because there are six meetings scheduled in March. It was the consensus of the Council to wait to see if a meeting will be necessary. Council President Wilson said he received a notice in the mail that the water/sewer rate in Mount- lake Terrace will increase by 20% to be affective immediately and will increase through the year 1991. Councilmember Jaech noted that a rate increase will be discussed at an Administrative Services Committee meeting in February and will be presented to.the Council. Councilmember Jaech said she received a call from a citizen regarding the issue that was before the AD:B for the remodel of Doces, ADB-114-86. She said because there is not enough space on the commercially zoned property to provide an easement and the individual who owns the RM zoned property offered an easement on his property, the citizen questioned why RM zoned property can be utilized for commercial use. City Attorney Scott Snyder said the building is within 15 feet of the property line. Planning Division Manager Mary Lou Block said the easement will be utilized for required landscaping purposes and not for commercial purposes. Mr. Snyder said he did not think that use was prohibited. He suggested that the Council not discuss the issue at the present. time because, if .appealed, the issue would be presented to the Council for review and decision. The meeting adjourned at 10:23 p.m. ;JA!C UELINE G. PARRETT, City Clerk EDMON CITY COUNCIL MINUTES Pag 2 FEgRY J,'4987 LARRY S. NAUGHTEN, Mayor