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02/20/1996 City CouncilI I EDMONDS CITY COUNCIL APPROVED MINUTES FEBRUARY 20, 1996 The Edmonds City Council meeting was called to order by Mayor Fahey at 7:00 p.m. in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dave Earling, Council President John Nordquist, Councilmember Roger Myers, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Tom Petruzzi, Councilmember Gary Haakenson, Councilmember ALSO PRESENT Nick Zitzmann, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Miller, Police Chief Brent Hunter, Personnel Manager James Walker, City Engineer Arvilla Ohlde, Parks and Recreation Manager Noel Miller, Public Works Superintendent Stephen Koho, Treatment Plant Manager Jeff Wilson, Current Planning Supervisor Gordy Hyde, Engineering Coordinator Scott Snyder, City Attorney Sandy Chase, City Clerk Stephanie Goings, Recorder Mayor Fahey requested that an additional item be added to the agenda as item 9B concerning a personnel matter. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER. VAN nny.1X1RR1<F- TO ADD ITEM 9B TO THE AGENDA. MOTION CARRIED COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, THAT THE AGENDA BE APPROVED AS AMENDED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS Councilmember Haakenson pulled Item N from the Consent Agenda; Councilmember White pulled Items I and J; and Councilmember Nordquist pulled Items E, F, G, and K. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE FOR PASSAGE OF THE REMAINDER OF THE CONSENT AGENDA ITEMS. The agenda items passed are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF FEBRUARY 6,1996 (C) APPROVAL OF CLAIM WARRANTS #3304S THRU #7267F FOR THE WEEK OF FEBRUARY 5, 1996 IN THE AMOUNT OF $278,237.64; APPROVAL OF CLAIM WARRANTS #7405S THRU #7544F FOR THE WEEK OF FEBRUARY 12,1996 IN THE City Council Approved Minutes February 20, 1996 Page I AMOUNT OF $522,609.73; AND APPROVAL OF PAYROLL WARRANTS #5660 THRU #5976 FOR THE PERIOD JANUARY 16 THRU JANUARY 31,1996 IN THE AMOUNT OF $565,147.95 (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MRS. WALTER F. L,04!; BESMER (Amount Unknown), MADELEINE 0. RATH ($1,340.00), AND ROB AND CHERI KING (Amount Unknown) 'Sioggm 15 (H) AUTHORIZATION FOR MAYOR TO SIGN MUSEUM BUILDING LEASE J'io r, (L) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH KENNEDY/JENKS CONSULTANTS FOR ENGINEERING AND EXPERT WITNESS CONSULTING Ell SERVICES (M) ORDINANCE NO. 3066 AMENDING THE DATE UPON WHICH A PUBLIC HEARING CIVIML, AA WILL BE HELD ON THE EDMONDS INTERIM CRITICAL AREAS ORDINANCE FROM MARCH 5,1996 TO MARCH 4,1996 Councilmember Nordquist pulled Item E as he was concerned that the formal bidding was called in June of 1995 and the decision was not made until January 1996 and felt this was a long decision making period. Arvilla Ohlde, Parks and Recreation Manager, addressed Councilmember Nordquist's concern and acknowledged that the bids were not submitted until this January. She noted prior to that they were researching the project to make sure all elements were included in the bid. Also, the Parks Department had conferred with the Department of Ecology. However, once the bid was put out it fell within the allotted time period. I Councilmember Nordquist also inquired if the City Engineer approved of this recommendation. James Walker, City Engineer, responded that he reviewed the bid. Mr. Nordquist further inquired about the role of the Cemetery Board in this process. City Attorney Snyder advised that the Board can make recommendations regarding the cemetery, however, they have no authority to expend ftinds. COUNCILMEMBER. NORDQUIST MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, FOR PASSAGE OF ITEM E. MOTION CARRIED. The item approved is as follows: AA 14 917PA (E) REPORT ON BIDS OPENED JANUARY 22, 1996 TO DRILL AND TEST FOR AN 14 IRRIGATION WELL AT EDMONDS MEMORIAL CEMETERY AND AUTHORIZATION TO AWARD BID TO HAYES DRILLING ($12,114.07) Regarding Item F, Councilmember Nordquist inquired as to when the selection process was held. Arvilla Ohlde stated that it was in the month of November and formal procedures were followed. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR PASSAGE OF ITEM F. The item passed as follows: AtAC11r,5 (F) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH GALLOWAY BARKER fig SO. ARCHITECTURE + LANDSCAPE ARCHITECTURE FOR DESIGN AND kfttJV City Council Approved Minutes February 20, 1996 Page 2 CONSTRUCTION MANAGEMENT OF BRACKETT'S LANDING PARK SOUTH' DEVELOPMENT Councilmember Nordquist pulled Item G as he felt that the Commission's name should be part of the title of this item and asked that "Arts Commission" be inserted. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR PASSAGE OF ITEM G. The item passed is as follows: (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH RICHARD LINZER f5 AND ASSOCIATES FOR BOARD TRAINING FOR THE ARTS COMMISSION ;01 Councilmember White pulled Item I to state that the Public Safety Committee reviewed this item and was aware that three flowering plum trees would have to be removed. It was noted that upon construction of the new Public Safety Building the trees would have to be removed anyway. COUNCILMIEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER MYERS FOR PASSAGE OF ITEM 1. MOTION CARRIED. The item passed as follows: tojtx (1) AUTHORIZATION TO INSTALL DOUBLE WIDE MOBILE OFFICE IN PLACE OF EXISTING SINGLE WIDE UNIT Regarding Item J, Councilmember White expressed concern about traveling to Texas and inquired if there might be another seminar closer. Stephen Koho, Wastewater Treatment Plant Manager, stated that it was the closest seminar and the timing of this seminar is important in that the information to be presented was valuable to the permit process. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR PASSAGE OF ITEM J. THE MOTION CARRIED. The item approved is as follows: (J) AUTHORIZATION FOR TREATMENT PLANT MANAGER TO TRAVEL TO SEMINAR ON DISCHARGE PERMIT NEGOTIATIONS Councilmember Nordquist pulled Item K to inquire as to the color of the trucks being purchased; and stated that in the past it was decided that blue was to be used to create a uniformity among the vehicles. Noel Miller, Public Works Superintendent, stated that they.would be blue but not necessarily the same color blue as previous trucks have been, due to the fact that manufacturers change the hues in blues from year to year. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, FOR PASSAGE OF ITEM K. MOTION CARRIED. The item passed is as follows: (K) AUTHORIZATION TO PURCHASE ONE PICK-UP TRUCK FOR THE PARK MAINTENANCE SECTION AND ONE FLAT BED TRUCK FOR THE STREET SECTION FROM THE WASHINGTON STATE CONTRACT ($37,000) Councilmember Haakenson pulled Item N to state he endorses the resolution, however, he noted his name was not included on the resolution for signature. Mayor Fahey apologized for the error and stated she would have it amended to include Councilmember Haakenson's name. City Council Approved Minutes February 20, 1996 Page 3 COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR PASSAGE OF ITEM N WITH COUNCILMEMBER HAAKENSON'S NAME INCLUDED. IA MOTION CARRIED. The item passed is as follows: (N) RESOLUTION NO. 838 SUPPORTING THE 800 MEGAHERTZ PROJECT 3. AUDIENCE Al Rutledge, 7101 Lake Ballinger Way, Edmonds, presented the Council with copies of 5 letters expressing his opinion. The letters concerned the RTA, Amtrak, increase in traffic, and increase in crime. He indicated he had attended the RTA meeting and conducted his own survey as to how many people were traveling per each car in the area. Mr. Rutledge expressed concern over current auto accidents. He also felt that there was an increase in the crime rate within the City of Edmonds and suggested that the City become involved in a prison -work program to do maintenance within the City. Mayor Fahey responded that a study of the crime rate, including types of crime and level of crime, had been released by Chief Miller and was a matter of public record. Mel Critchley, 705 Driftwood Place, Edmonds, expressed concerns regarding freight/passenger trains coming through the City and the three incidents involving vehicles and trains. He requested a meeting between the City Council and the members of the Citizens for Waterfront Access and Railroad Safety to discuss petitioning the WUTC for redress of concern of train speeds through and around the City of Edmonds. 4. HEARING ON A REQUEST TO VACATE THE EASTERN 5-FEET OF THE 80TH AVENUE OCR 81A WEST PUBLIC RIGHT-O&WAY ADJACENT TO THE PROPERTY LOCATED AT 19525 80TH AVENUE WEST (Applicant: Kenneth Johnson / File No. ST-95-172) I Mayor Fahey described the procedures and time limits for each participant in the Hearing. There were no conflicts disclosed by Councilmembers or challenge made by the audience. Jeff Wilson, Current Planning Supervisor, displayed an overhead identifying the property and the proposed right-of-way vacation. The request is for the City to vacate the eastern 5 feet of right-of-way for approximately 100 feet in length from 196th Street to the north. The Item has been advertised according to appropriate procedures. He explained that in 1980 the City adopted Ordinance 2146 which changed the City's Official Street Map (OSM) which reduced the width of the 80th Ave. W. right-of-way from a 60 foot right-of-way to a 50 foot right-of-way. This vacation request helps to effectuate that change in the ordinance by helping to reduce the dedicated right-of-way to reflect that of the OSM. The applicant had an appraisal done which was included in the Council's packet. Mr. Wilson explained that if the resolution to vacate was adopted the applicant would be required to pay $275 and that an easement for pedestrians was to be maintained across that right-of-way. Councilmember Petruzzi inquired as to the reason for the request. Mr. Wilson stated that was not a specific question that was asked of the applicant. The two main questions that are asked in vacating a right-of-way are: (1) does the City need the right-of-way for future development, (2) would it deny access to any of the abutting properties? Councilmember Myers asked for clarification of Noel Miller's note on page 9 of having strong reservations regarding this vacation. Councilmember Van Hollebeke asked if the Engineering City Council Approved Minutes February 20,1996 Page 4 Department concurs with that statement. Mr. Wilson explained that Engineering agreed that the vacation is consistent with the ordinance adopted in 1980. Councilmember White expressed concern about the appraisal value. Mr. Wilson stated that this was only the second time this process had been used since it was adopted, but that it did specifically require that it be a certified appraiser, an M.A.I., that conducts the appraisal. Scott Snyder, City Attorney, stated that prior to using this method the City had used the assessed valuation of the property. Part of the Council's reasoning for changing was that the cost of the appraisal frequently exceeds the value of the property. In this case, the City Council could continue the hearing and require the provision of further evidence. State law has specific requirements that the property be surplus and that the City receive payment of fair -market value. Councilmember Petruzzi expressed to Jim Walker, City Engineer, his concern about vacating this property due to the fact this property is located at a busy intersection and that the traffic is going to continue to increase. He felt sometimes the solution to this type of problem is to add a lane, a turn lane; however, if the 5 feet is taken away that could impact the ability to cope with traffic increases. Councilmember Petruzzi asked Mr. Walker if this was workable. Mr. Walker responded that 50 feet is still a substantial amount of right-of-way and there is currently a turn lane there. Kenneth Johnson, 18107 80th Ave. W, Edmonds, stated his agreement with the resolution. When the property was purchased it was felt that the street vacation was a fairly straight forward process, which he has followed. The property is zoned multi -family and with this additional 5 feet it would be allowable to put 4 units on the property; it would not add another lot. Mr. Johnson stated that he had expended over $3,000 just for the street vacation process, and noted the appraisal was $1250 alone. Mr. Johnson expressed his hope that the Council would approve this resolution. Jeff Wilson, Planning Department, stated with or without the vacation Mr. Johnson would be allowed to build 4 units, but this would add to his setback. Mayor Fahey opened the public portion of the hearing. There was no audience participation. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO EXTEND THE HEARING BY 10 MINUTES. MOTION CARRIED. Responding to questions, City Attorney Snyder stated the Council would need to make two findings: (1) that the right-of-way vacation is in the public interest; and (2) has an appropriate value been set for the property? Mayor Fahey closed the hearing and remanded it to Council for discussion. Councilmember Petruzzi stated he didn't necessarily agree that the comer would be okay without the 5 feet, and he felt that the appraisal was flawed. Councilmember White stated that he had significant problems with the appraisal, but couldn't find fault with the applicant because he had done as instructed, and because of that he would be in favor of granting the resolution. He suggested that the procedure needs to be examined. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, TO EXTEND THE HEARING FOR ANOTHER 10 MINUTES. MOTION CARRIED. City Council Approved Minutes February 20, 1996 Page 5 Councilmembe.r Myers stated lie was concerned about 80th Ave. W. At the time the ordinance was* passed in 1980 there was not a signal at this location, and also noted this is a major route to Meadowdale. He felt it should be anticipated that there will need to be another lane in the future. Council President Earling stated that due to the traffic concerns he felt this proposal did not pass the first test of being in the publics best interest. Mayor Fahey asked for clarification from the City Attorney, regarding fact that it was an ordinance passed in 1980 that reduced the street to 50 feet; should the decision be made based on that ordinance or can the Council. despite the existence of the ordinance opt to maintain the street at 60 feet. Scott Snyder, City Attorney, suggested that if the Council followed Council President Earling and Councilmembers Myers' reasoning that the situation at the intersection has changed and due to the light, it may require a public need for increased turning radius and sight distance at the site. If the Council makes that find ' ing and votes to deny the vacation request, he suggested referring this designation on the street map back to the Planning Board for review. COUNtILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, TO DENY THE REQUEST DUE TO THE CONCERNS OF TRAFFIC IMPACT AT THE CORNER OF 196*H AND 80TH AND TO REVIEW THE ENTIRE SITUATION ON THAT STREET. i Councilmembet White asked Mr. Snyder what procedure the applicant would have to follow if the resolution was.denied. Mr. Snyder, City Attorney, stated that the applicant would have to reapply and pay the fees; however, if the item was tabled until the Planning Board's recommendation was received, the applicant would not need to reapply and pay the fees. Councilmember Nordquist called for the question. Mayor Fahey requested the City Clerk to repeat the motion. Councilmember Nordquist withdrew the call for the question. I Councilmember Van Hollebeke stated that it would be inappropriate to penalize the applicant; forcing him to pay a fee a second time and refiling just because of the Councils' questions. He stated he could support tabling the item. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO TABLE THE MOTION. MOTION CARRIED. COUNCILMEEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER WHITE, THAT THIS MATTER BY FORWARDED TO THE HEARING EXAMINER TO DETERMINE THE WIDTH THAT SHOULD BE CARRIED ON THAT ROAD, SPECIFICALLY THE CORNER OF 196TH AND 80TH AVENUE WEST. MOTION CARRIED. Councilmember Petruzzi commented he believes the process involved in requests for right-of-way vacation should be reviewed. He would like to see this matter put on the Community Services Committee agenda. 5. HEARING ON APPEAL 13Y THE APPLICANT OF THE HEARING EXAMINER'S DECISION gAA04 TO APPROVE A PROPOSED SETBACK VARIANCE (FJLE NO. V-95-175) SURIECT TO A 14 flpqb"R REDUCTION IN THE REQUESTED VARIANCE FOR THE CONSTRUCTION OF A PROPOSED DECK ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 7804 171ST STREET SOUTHWEST (Applicant/Appellant: Loren Larson/ File No. AP--96-8) City Council Approved Minutes February 20, 1996 Page 6 Mayor Fahey described the procedures and time limits for each participant in the Hearing. Councilmernber Petruzzi disclosed that he received a letter from Mr. Larson. It was pointed out all Councilmembers except Councilmember Haakenson had also received the letter. Councilmember Haakenson was given a copy of the letter. Attorney Scott Snyder stated that a copy of the letter would be provide at the table by the entrance in case there was any member of the public that wished to review it and respond. Councilmember Haakenson stated that he lives within a quarter of a mile to the applicant, but does not know the applicant or any of the neighbors involved. Councilmember White stated that Michael Hall is the attorney for an adjacent neighbor who is the primary opponent to the applicant and he shares office space with Mr. Hall, but he has received no additional information regarding this matter except what was provided in the packet. Mayor Fahey asked if there were any challenges from the audience, and none were raised. All Councilmembers were able to participate in the hearing. Jeff Wilson, Current Planning Supervisor, displayed an overhead of the variance requested by Mr. and Mrs. Larson for the property at 7804 17 1 st Street SW. Mr. Wilson stated that the requests were along the north, west, and south property lines to modify the setback requirement for some deck additions onto an existing single-family residence. Loren Larson, 7804 171st Street SW, Edmonds, stated that he was totally prepared for this meeting tonight until he arrived home this evening and received the packet. He found some contradictions that were new to him, and pointed out there were 37 pages in the packet which he has not had enough time to review. He stated lie needed additional time. Mayor Fahey requested clarification from Scott Snyder, City Attorney, who stated that the Council could continue this to another time. It was asked if anyone in the audience was there for the hearing that would be inconvenienced by the setting of another date. One person acknowledged that it would be an inconvenience. Mayor Fahey asked Mr. Larson if he could indicate what information was not in accordance with what he had anticipated. One example Mr. Larson gave was the recommended action which was in direct conflict to page 6 of the packet. On page 6, under the paragraph of Response from the City, "Kirk Vinish said, his recommendation for approval remains unchanged. He looked at the site and felt any impact to the neighbors would be negligible." Scott Snyder, City Attorney, pointed out that of the 37 pages only the first 3 pages are not reflective of the Hearing Examiner's process or other information which has been mailed to the applicant during the hearing process. Mayor Fahey pointed out that Mr. Larson had previously received all the information except for the cover sheets prepared by staff. Mr. Larson stated that the packet was not representative of information he had received in the past. COUNCILMEMBER WHITE CONTINUE THE HEARING MOTION CARRIED. MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO TO MARCH 19, 1996, FOR FURTHER CONSIDERATION. City Council Approved Minutes February 20, 1996 Page 7 City Attorney Snyder suggested staff determine the height of the deck with this matter is brought back to Council. 6. HEARING ON ORDINANCE NO. 3067 TO EXTEND THE MORATORIUM ON BUSINESS rAD - If LICENSES, BUILDING PERMITS AND OTHER FORMS OF DEVELOPMENT REGARDING ttr,t4p f*10' ADULT ENTERTAINMENT Mayor Fahey announced that this was to be a public hearing with audience participation limited to 3 minutes per speaker. Scott Snyder, City Attorney, stated that Council was complying with State law by holding a public hearing within six months of passing a moratorium to determine if the moratorium is justified and should be continued for the six months. Mr. Snyder also pointed out that the City would be adopting findings developed in the City of Austin, Texas that have been used throughout the country to establish the negative impact of adult entertainment zoning on communities. Mayor Fahey opened the audience portion of the hearing. Mel Critchley, 705 Driftwood Place, Edmonds, distributed an article from the Vancouver Sun Newspaper written by a woman who expressed her feelings as to what it was like in one of these places. Mr. Critchley suggested that as the article was read Council consider that all of these women are someone's daughters. He pointed out the battle that is being raged over family values throughout the country. He urged the Council to continue its stance against this. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, inquired as to how this action will impact the previously set expiration date of April 25. Mr. Snyder explained that the Hearing was providing a record to sustain the ordinance already passed, that it was a required procedural act, that it justifies the prior extension. Mr. Rutledge suggested that the Council keep an eye on what is being done in King County to see how they are handling Adult Entertainment. No one else from the audience wished to participate and Mayor Fahey then closed the hearing. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO ADOPT THE FINDINGS OF FACT TO JUSTIFY THE SIX-MONTH EXTENSION OF THE SIX- MONTH MORATORIUM ON BUSINESS LICENSES, BUILDING PERMITS AND OTHER FORMS OF ADULT ENTERTAINMENT, AND ALSO IMPOSE A SIX-MONTH EXTENSION OF THE MORATORIUM ORDINANCE NO. 3068. MOTION CARRIED. A recess was taken at 8:52 p.m. and the meeting was reconvened at 8:57 p.m. 7. ORDINANCE NO. 3068 ADDING A NEW CHAPTER 8.51 TO THE EDMONDS CITY CODE I 00* 'e-10bg ORDER TO PROVIDE AN EXEMPTION TO CITY BUSINESS OWNERS AND EMPLOYEES 0111MY16 FROM SPECIFIED EDMONDS THREE HOUR PARKING TIME LIMITS IF VEHICLES ARE Avxma PARKED AS PART OF A COMMUTE TO WORK IN THE CITY OF EDMONDS James Walker, City Engineer, introduced Karen Wiggins, Chairperson of the Downtown Edmonds Parking Advisory Committee. Ms. Wiggins stated that this was the new pilot program that she had spoke of previously and it was hoped that it would reduce some of the parking problems for business owners and employees, yet not cause a problem to residents. She then asked it there were any questions. City Council Approved Minutes February 20, 1996 Page 8 COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT ORDINANCE NO. 3068 ADDING A NEW CHAPTER 8.51 TO THE EDMONDS CITY CODE IN ORDER TO PROVIDE AN EXEMPTION TO CITY BUSINESS OWNERS AND EMPLOYEES FROM SPECIFIED EDMONDS THREE HOUR PARKING TIMIE LIMITS IF VEHICLES ARE PARKED AS PART OF A COMMUTE TO WORK IN THE CITY OF EDMONDS. MOTION CARRIED. 8. CONSULTANT REPORT OF PUBLIC SAFETY CITIZEN SUAVEY Mayor Fahey introduced Mary Monroe from The Gilmore Research Group, who presented to the Council the survey results of the Public Safety Citizen Survey. Ms. Monroe presented overheads of the survey (copies of which were available at the door). She stated that they contacted voters and completed 375 interviews, and that the survey was about 12 minutes long. Ms. Monroe felt that once the issue was explained to the voters they were generally in favor of it. There were many comments from the public about wanting to see the plan, see the budget, to make sure it was reasonable, not elaborate. The conclusions drawn from the survey were as follows: (1) Voter education is the key to success. (2) The human issue is important, and that is that the facilities are needed to provide safe and decent working conditions. (3) The facilities are needed to replace inadequate facilities; not to overdevelop. (4) The amount of the bond is not the issue. (5) Voters are supportive of the fire and police departments. (6) There is a lot of work to be done. (7) A $10 Million bond issue is achievable. Council President Earling inquired about the time line involved if the Council decides to move forward with this issue? Mayor Fahey responded that it is being considered placing this matter on the ballot in May, therefore, input from Council would be needed in March. Mayor Fahey introduced Betty Mueller and Dave Page, seated in the audience, who are participants on the citizen committee working on this matter. ��aq 9A. SALARY ORDINANCE NO. 3069 FOR 1996 NON REPRESENTEI) EMPLOYEES (DIRECTORS 00. AND MANAGERS �4* 1A Brent Hunter, Personnel Manager, stated this was the same recommendation brought forward a number of weeks ago with some additional information. The salaries were compared to 15 cities in the area and if the recommendation is followed, the City of Edmonds is getting close to what the average salaries are. The cost of the proposal remains the same, $45,515.00. The money has been budgeted in the Council Contingency Fund and if approved would need to be transferred. Councilmember Petruzzi stated that his position on this still hadn't changed and would like to get to a comprehensive plan to deal with this situation in the future. Councilmember Myers suggested a proposal of a 4.2% increase for all, with the remaining. .8% withheld until there is a comprehensive survey done of all the salaries, not just the directors and managers, but all City employees. Mayor Fahey pointed out that the average salaries for other cities listed were from 1995 and that all of the cities had given at least a 3% increase. City Council Approved Minutes February 20, 1996 Page 9 Councilmember White asked if other cities were providing perks that Edmonds currently wasn't' providing? Police Chief Miller stated the City of Lynnwood, in addition to the COLA, is providing two different perks. One is the 80-hour comp -time bonus which is being increased to 120-hour comp -time bonus for 1996 for the directors and commanders at the end of the year. In addition, they pay them for all Council meetings that they attend up to 12 a year, equivalent to another $7,500 for the police chief. Chief Miller also stated that the City of Mountlake Terrace had just passed an 80-hour comp -time bonus, similar to the one in Lynnwood. Councilmember White asked for a comparison of the hours worked for the City of Mountlake Terrace and City of Edmonds. Chief Miller stated that Mountlake Terrace works 35 to 40 hours per week, but Edmonds was working well into the 50 hours per week. Councilmember White clarified that Edmonds was covering more population per officer then either of the other two cities. Chief Miller stated that Edmonds has 1.3 officers per 1,000 population, Lynnwood has 1.8 per 1,000 and Mountlake Terrace has 1.6 per 1,000. The crime rate is substantially less in Edmonds than Lynnwood or Mountlake Terrace. Councilmember Van Hollebeke spoke in favor of the recommended action and stated that direction was given to the Mayor who has acted responsibly with the directions given to her. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, TO EXTEND THE MEETING BY 30 MINUTES. MOTION CARRIED. Councilmember White stated that he has been impressed by the level of service provided by the Edmonds Police Department and felt this was not an accident but came about because of the high quality management. Councilmember White listed a number of incidents where the Police Department had performed admirably and stated that the City should try to keep these people because they are worth more than what they are getting paid. I Councilmember Petruzzi stated that the Council was aware of the quality of staff, but that the City needed to have a comprehensive plan for all employees. He stated he couldn't justify giving some employees what was equivalent to a 15% raise over two years, when others received only 6%. He stated a comprehensive plan needs to be in place to deal with this issue. Mayor Fahey pointed out that with the recommended action, there is still 2% of the funds set aside in the Council Contingency Fund. She stated she is 100% committed to creating the Salary Plan. She noted that when the 5% figure was given to her, it was to be left up to her to designate the increases. Councilmember Nordquist stated he believes that the Council is trying to address the compression factor. He indicated Council talked about addressing this at the retreat and then come back to Council. The issue is the compression factor and it was to be a challenge to us this year. He stated that when the salary committee gave the 5% figure they were hopeful that it would be given out equally and not split up. He hoped that by the end of the year there will have been a study in place and an organizational chart in place. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER WHITE, TO APPROVE THE SALARY ORDINANCE FOR 1996 FOR NON REPRESENTED EMPLOYEES (DIRECTORS AND MANAGERS) AS PRESENTED. Councilmember Haakenson commented that on January 9 he sat in the Finance Committee as a member of the public. It was his understanding at that meeting that the Mayor was told to take the 5% salary pool and distribute the funds as she saw fit. Mr. Haakenson does not feel it is the job of Council to City Council Approved Minutes February 20, 1996 Page 10 tell her what to do with the funds. The Mayor has followed our directions whether we agree with the way it was done or not and we need to act on this. Council President Earling stated that the Mayor was given 5% to distribute at her discretion. She did what she was given direction to do. Council President Earling then called for the question. MOTION CARRIED. COUNCILMEMBER MYERS, COUNCILMEMBER NORDQUIST AND COUNCILMEMBER PETRUZZI VOTED NO. 9B. AUTHORIZATION FOR MAYOR TO SIGN SETTLEMENT AGREEMENT WITH JUDY see!, KENNEY Brent Hunter, Personnel Manager, stated that the cost of the settlement was $9,434.17 and involves the reinstatement of an employee by filling a position that was already open. The money asked for would come from the Council Contingency Fund to be placed in the General Fund. Scott Snyder, City Attorney, stated this item had been discussed in Execution Session in November. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT WITH JUDY KENNEY; TO ALLOCATE $9,434.17 FROM THE COUNCIL CONTINGENCY FUND TO PAY BACK SALARY. MOTION CARRIED. 10. DISCUSSION OF COSTS FOR THE LIBRARY PLAZA PLANTER REHABILITATION ILY PROJECT X1,01L James Walker, City Engineer, stated that he brought this forward because of additional costs on the planters, most of which is due to mismeasurement of planters, and the drains were not at the bottom of the planters. He stated there were a couple of funds the money *could come from; the 125 Fund (parks capital fund) and the 116 Fund (building maintenance). COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Nordquist suggested the funds be appropriated near project completion. He asked that minutes from previous meetings on this matter be included in the packet when it is brought back to Council. 11. MAYO Mayor Fahey stated that Mountlake Terrace was planning another water ski competition this summer and there is a comprehensive plan available in the Mayor's Office. She also noted letters of praise concerning the police as well as praising the job the City did sanding the roads. In addition, Mayor Fahey referred to a press release regarding the appointment of the new Assistant Chief of Police Gregory Wean. The retirement event for Wally Tribuzio is scheduled for February 29. 12. COUNCI The Student Representative Nick Zitzmann noted that the Edmonds Police Department has a home page on the Internet. City Council Approved Minutes February 20, 1996 Page I I Councilmember Nordquist inquired as to the process that was followed for hiring the new Assistant Police Chief, if the position was advertised. Brent Hunter stated that was a civil service position and the full procedure was followed; advertising, testing, and selection. The Council adjourned at 10:45 p.m. BARBARA S. FAHEY, MAY06R -SANDRA S. CHASE, CITY CLERK City Council Approved Minutes February 20, 1996 Page 12 I I AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 - 10:00 p.m. FEBRUARY 20,1996 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF FEBRUARY 6,1996 (C) APPROVAL OF CLAIM WARRANTS #3304S THRU #7267F FOR THE WEEK OF FEBRUARY 5,1996 IN THE AMOUNT OF $278,237.64; APPROVAL OF CLAIM WARRANTS #7405S THRU #7544F FOR THE WEEK OF FEBRUARY 12, 1996 IN THE AMOUNT OF $522,609.73; AND APPROVAL OF PAYROLL WARRANTS #5660 THRU #5976 FOR THE PERIOD JANUARY 16 THRU JANUARY 31, 1996 IN THE AMOUNT OF $565,147.95 (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MRS. WALTER F. BESMER (Amount Unknown), MADELEINE 0. RATH ($1,340.00), AND ROB AND CHERI KING (Amount Unknown) (E) REPORT ON BIDS OPENED JANUARY 22,1996 TO DRILL AND TEST FOR AN IRRIGATION WELL AT EDMONDS MEMORIAL CEMETERY AND AUTHORIZATION TO AWARD BID TO HAYES DRILLING ($12,114.07) (F) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH GALLOWAY BARKER ARCHITECTURE + LANDSCAPE ARCHITECTURE FOR DESIGN AND CONSTRUCTION MANAGEMENT OF BRACKETT'S LANDING PARK SOUTH DEVELOPMENT (G) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH RICHARD LINZER AND ASSOCIATES FOR BOARD TRAINING (H) AUTHORIZATION FOR MAYOR TO SIGN MUSEUM BUILDING LEASE (1) AUTHORIZATION TO INSTALL DOUBLE WIDE MOBILE OFFICE IN PLACE OF EXISTING SINGLE WIDE UNIT W) AUTHORIZATION FOR TREATMENT PLANT MANAGER TO TRAVEL TO SEMINAR ON DISCHARGE PERMIT NEGOTIATIONS . (K) AUTHORIZATION TO PURCHASE ONE PICK-UP TRUCK FOR THE PARK MAINTENANCE SECTION AND ONE FLAT BED TRUCK FOR THE STREET SECTION FROM THE WASHINGTON STATE CONTRACT ($37,000) (L) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH KENNEDYMENKS CONSULTANTS FOR ENGINEERING AND EXPERT WITNESS CONSULTING SERVICES (M) PROPOSED ORDINANCE AMENDING THE DATE UPON WHICH A PUBLIC HEARING WILL BE HELD ON THE EDMONDS INTERIM CRITICAL AREAS ORDINANCE FROM MARCH 5,1996 TO MARCH 4,1996 (N) PROPOSED RESOLUTION SUPPORTING THE 800 MEGAHERTZ PROJECT CITY COUNCIL MEETING AGENDA FEBRUARY 20,1996 PAGE 2 3. AUDIENCE (3 minute limit per person) I' 4. (20 Min.) HEARING ON A REQUEST TO VACATE THE EASTERN 5-FEET OF THE 80TH AVENUE WEST PUBLIC RIGHT-OF-WAY ADJACENT TO THE PROPERTY LOCATED AT 19525 80TH AVENUE WEST (Applicaft, Kenneth Johnson I File No. ST-95-179) 5. (20 Min.) HEARING ON APPEAL BY THE APPLICANT OF THE HEARING EXAMINER'S DECISION TO APPROVE A PROPOSED SETBACK VARIANCE (FILE NO. V-95-175) SUBJECT TO A REDUCTION IN THE REQUESTED VARIANCE, FOR THE CONSTRUCTION OF A PROPOSED DECK ADDITION TO AN EXISTING SINGLE- FAMILY RESIDENCE LOCATED AT 7804 171ST STREET SOUTHWEST (ApplicantlAppellant: Loren Larson / File No. AP-96-8) 6. (10 Min.) HEARING ON A PROPOSED ORDINANCE TO EXTEND THE MORATORIUM ON BUSINESS LICENSES, BUILDING PERMITS AND OTHER FORMS OF DEVELOPMENT REGARDING ADULT ENTERTAINMENT 7. (20 Min.) PROPOSED ORDINANCE ADDING A NEW CHAPTER 8.51 TO THE EDMONDS CITY CODE IN ORDER TO PROVIDE AN EXEMPTION TO CITY BUSINESS OWNERS AND EMPLOYEES FROM SPECIFIED EDMONDS THREE HOUR PARKING TIME LIMITS IF VEHICLES ARE PARKED AS PART OF A COMMUTE TO WORK IN THE CITY OF EDMONDS 8. (30 Min.) CONSULTANT REPORT ON PUBLIC SAFETY CITIZEN SURVEY 9. (10 Min.) APPROVAL OF SALARY ORDINANCE FOR 1996 FOR NON REPRESENTED EMPLOYEES (DIRECTORS AND MANAGERS) 10. (5 Min.) DISCUSSION OF COSTS FOR THE LIBRARY PLAZA PLANTER REHABILITATION PROJECT 11. (5 Min.) MAYOR 12. (15 Min.) COUNCIL Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears the following Wednesday, Friday and Monday at noon on Channel 32.