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01/02/1990 City CouncilTHESE MINUTES SUBJECT TO JANUARY 16, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES JANUARY 2, 1990 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St.', Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Bill Kasper, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember STAFF Mary Lou Block, Planning Div. Mgr. Bobby Mills, Public Works Supt. Jack Weinz, Fire Chief Peter Hahn, Comm. Svc. Dirctor Brent Hunter, Personnel Manager Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Pro Tem Kasper presided over the meeting until Mayor Naughten arrived. Councilmember Dwyer and Councilmember Palmer arrived a few minutes late and did not vote on Con- sent Agenda items. Administration of oaths of office to elected officials by Chief Justice of the Washington State Supreme Court Keith M. Callow took place following item #4 (Hearing on Planning Board recommenda- tion regarding proposed amendment to Edmonds Community Development Code to allow small animal hospitals in BN zone) and Item #1 followed (Election of City Council President; Council appoint- ment of representatives to Health Board and Community Transit). CONSENT AGENDA Items (B) and (D) were removed from the Consent Agenda. COUNCILMEMBER WILSON 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 AMUSEMENTRGAMESCE 2746 (CRANE GAMES)NTOEBRINGSINTOYCODE CONFFORMANCEING WITHOSTATELING TAX ON SPECIAL LAW APPROVAL OF MINUTES OF DECEMBER 27, 1989 ITEM (B) ON THE CONSENT AGENDA] Councilmember Jaech referred to a memorandum from the City Clerk noting the following: on page 7 of the minutes, the first item under "Mayor" _was approval of the Mayor's appointments to Board and Commissions. We find that in the listing of -appointments in the minutes several were omit- ted. Please include the following in the listing of appointments: MARILYN SULLIVAN KAUFFMAN TO POSITION 10 ON THE SISTER CITY COMMISSION, TERM TO EXPIRE DECEMBER 31, 1991; DONALD CARR TO POSI- TION 11 ON THE SISTER CITY COMMISSION, TERM TO EXPIRE DECEMBER 31, 1990; AND FOR THE SCHOOL YEAR 1989-90, THE FOLLOWING APPOINTMENTS TO THE YOUTH ACTIVITIES BOARD: FROM EDMONDS HIGH, LORI LINDAL AND JILLIAN GANT; FROM MEADOWDALE HIGH, ED COLLINS AND ANNE MARIE MARTINSON; FROM WOODWAY HIGH, CHANDRA SMILEY AND JENNIFER EVERETT; FROM EDMONDS COMMUNITY COLLEGE, AIMEE PERKINS AND KIM SIEBRASS; AND CITIZEN -AT -LARGE, LESLIE BUTTERFIELD. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO INCLUDE THE AMENDMENT TO THE MINUTES AND TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED WITH COUNCILMEMBER JAECH AB- STAINING BECAUSE SHE WAS NOT AT THE DECEMBER 27TH MEETING. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF REGARDING REDUCTION OF SIDE YARD SETBACK AT 19129 OLYMPICVIEW DR. A HERM N—',APPLICANT: J SEPH B CS ITEM D N THE CONSENTAGENDA] Councilmember Jaech said she removed the item from the Consent Agenda because she was in opposi- tion to the motion to approve it. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (D). MOTION CARRIED WITH COUNCILMEMBER JAECH OPPOSED. AUDIENCE Mayor Pro Tem Kasper opened the audience portion of the meeting. No public input was offered. Mayor Pro Tem Kasper closed the audience portion of the meeting. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED AMENDMENT TO EDMONDS COMMUNITY DEVEL- OPMENT C DE T LL W S LL NI L HOSPITALS IN BN ZONE CDC DR REMICK Planning Division Manager Mary Lou Block reported that on October 11, 1989, the Planning Board held a hearing on an application of Dr. Larry Remick to amend the Edmonds Community Development Code (ECDC) to allow veterinary hospitals in BN (neighborhood business) zones and to amend the definition of commercial kennels to exclude veterinary hospitals. The Planning Board voted to recommend approval of amendments to the ECDC to allow small animal hospitals as a permitted use in the BN zone and to amend the definition of "commercial kennel". Ms. Block noted that copies of the Planning Board recommendation and the minutes from the October 11, 1989 Planning Board meeting were included in the Council packets. Ms. Block said it is the recommendation of Staff to adopt the Planning Board recommendation and direct the City Attorney to prepare the necessary ordinance. Ms. Block said the Planning Board concluded that a veterinary hospital is a compatible use for the BN zone district; that it is a use that provides a service to the residents of a neighborhood, provided that the treatment is limited to small animals. Ms. Block said the Board voted to recommend approval of the proposed amendments to the ECDC allow- ing a small animal hospital as a permitted use in the BN zone and that the definition of "commer- cial kennel" be amended to remove the words "or treatment". Councilmember Wilson inquired if the Code is explicit in its definition of a small animal. Ms. Block replied negatively. She said the City Attorney could incorporate a clause in an ordinance specifying what a small animal is. Councilmember Hertrich inquired about the types of businesses that require a conditional use permit in a BN zone. Ms. Block said drive-in businesses are subject to a conditional use per- mit. Councilmember Hertrich inquired about the purpose of a conditional use permit. Ms. Block said the permit regulates traffic and hours of operation. City Attorney Scott Snyder stated, as a procedural matter, that Councilmember Palmer had signed a formal oath of office and was seated on the Council preparatory to the formal administration of oath of office by Judge Callow. He noted that Councilmember Palmer could participate in the issue before the Council because it is a legislative decision of the Council and not a quasi-judi- cial decision, but there may be other quasi-judicial matters before the Council that would pre- clude his participation because of his former appointment as Chairman of the Planning Board. Mayor Pro Tem Kasper opened the public portion of the hearing. Dr. Larry Remick, 313 - 5th Ave. S., said noise and odor are controlled by proper building tech- niques which are governed by the City's Building Code and also by State regulations. Councilmember Hertrich inquired if employees work at Dr. Remick's clinic after 6 p.m. Dr. Remick replied affirmatively. He said they stay after hours to clean up. Councilmember Hertrich in- quired about the average stay of an overnight animal. Dr. Remick replied 2 to 4 days. He said any critical care animal is either referred to an emergency clinic or he takes them home with him, and the less critical animals are left overnight in the clinic by themselves until staff arrives in the morning. Councilmember Hertrich inquired which governmental body regulates noise and odor. Ms. Block said both noise and odor are addressed by the City's performance standards. Councilmember Palmer requested Dr. Remick to discuss, in detail, the steps taken to control noise and odor. Dr. Remick said odor is controlled through proper ventillation in a building and prop- er cleaning techniques; garbage is disposed of in plastic containers and put in a dumpster; bio- logical waste is disposed of separately in accordance with State regulations; and deceased ani- mals are frozen until a service picks them up. Dr. Remick said noise can be controlled by soundproofing a ceiling and air spaces, with extra insulation in the walls, solid core doors, and double pane or triple pane windows. Councilmember Hertrich inquired if the noise control measures described by Dr. Remick are regula- tions which are imposed by the City. Mr. Snyder said the City has no construction related stan- dards that are specific to veterinary hospitals. Dr. Remick said he has considered operating the clinic during evening hours a few days a week as a convenience to customers who work until 6 p.m. EDMONDS CITY COUNCIL MINUTES Page 2 JANUARY 2, 1990 Mayor Pro Tem Kasper closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED "BY COUNCILMEMBER JAECH, TO APPROVE CDC-6-89 PLANNING BOARD 1 RECOMMENDATION REGARDING PROPOSED AMENDMENT TO THE ECDC TO ALLOW SMALL ANIMAL HOSPITALS IN BN ZONES AND THAT THE DEFINITION OF A COMMERCIAL KENNEL BE AMENDED TO REMOVE THE WORDS "OR TREAT- MENT". Although Councilmember Hertrich was in favor of allowing a veterinary hospital in a BN zone, he felt the use should require a conditional use permit so that the residents will have an opportuni- ty to voice their opinion when an application is made and, also, to give the City more control if a problem is encountered. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER FOR DISCUSSION, TO AMEND THE MO- TION TO INCLUDE THAT VETERINARY HOSPITALS NOT BE AN OUTRIGHT PERMITTED USE BUT BE ALLOWED WITH A CONDITIONAL USE PERMIT. Councilmember Jaech said she presently lives near Dr. Remick's clinic and has lived near others in the past and she has never encountered any problems. She did not believe any problems would occur that would necessitate a conditional use permit. It was her opinion that a veterinary clinic is a compatible use in a BN zone and a convenience to the residents. MOTION TO AMEND FAILED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER HERTRICH IN FAVOR; COUNCILMEM- BER DWYER, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, COUNCILMEMBER PALMER, AND COUNCILMEMBER WILSON OPPOSED. MAIN MOTION CARRIED. ADMINISTRATION OF OATHS OF OFFICE TO ELECTED OFFICIALS BY CHIEF JUSTICE OF THE WASHINGTON STATE SUPREME COURT KEITH M. C LL W 0� c Chief Justice Callow administered the oath of office to Councilmember Dwyer, Councilmember Palm- er, Councilmember Wilson, Port Commissioner Jerry Blanton, and Vi Walls and June Riggs from (�' � School District 15. Chief Justice Callow congratulated them. The meeting recessed at 7:32 p.m. for refreshments and reconvened at 7:55 p.m. ELECTION OF CITY COUNCIL PRESIDENT; COUNCIL APPOINTMENT OF REPRESENTATIVES TO HEALTH BOARD AND COMMUNITY TRANSIT COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO NOMINATE COUNCILMEMBER NORD- l�l�" QUIST FOR CITY COUNCIL PRESIDENT. MOTION CARRIED. / COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO NOMINATE COUNCILMEMBER HERTRICH FOR CITY COUNCIL PRESIDENT PRO TEM. MOTION CARRIED. Mayor Naughten congratulated Councilmember Nordquist and Councilmember Hertrich. Councilmember Nordquist said he would like to continue to act as the City's representative on the Health Board. Councilmember Kasper said he would like to continue to act as the City's representative on the Community Transit Board. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPOINT COUNCILMEMBER HERTRICH TO THE HEALTH BOARD. MOTION CARRIED. Mayor Naughten welcomed the new reporter from the Enterprise, Susan Hill. NG ON HEARING EXAMINER RECOMMENDATION ON PROPOSED AMENDMENT TO OFFICIAL STREET MAP TO RE- GEORGE BRANDELT D Planning Division Manager Mary Lou Block noted that this item should be held in conjunction with item #6 (Hearing on preliminary .8 lot subdivision at approximately 7729 - 234th St. S.W.) because it is part of the same project. She noted that the cul-de-sac was placed on the Official Street Map in 1983 but has since been determined not to be necessary because of the configuration of the proposed subdivision. EDMONDS CITY COUNCIL MINUTES Page 3 JANUARY 2, 1990 Ms. Block reported that on November 6, 1989, the Hearing Examiner held a public hearing on the request of George Brandel to amend the Official Street map to remove a proposed cul-de-sac at the western end of 231st Street Southwest. The Hearing Examiner issued his report on November 30, 1989 recommending that the Official Street Map be amended to delete the proposed cul-de-sac. Ms. Block noted that a copy of the Hearing Examiner's report and a vicinity map were included in the Council packets. Ms. Block said it is the recommendation of Staff to adopt the Hearing Examiner's recommendation and direct the City Attorney to prepare the necessary ordinance. Ms. Block pointed out the location of the proposed subdivision and cul-de-sac on a vicinity map and illustrated the result of the proposal to eliminate the cul-de-sac. She noted that the sub- ject property is accessed from 234th Street Southwest. Councilmember Kasper inquired if the lot owners of tract 17 are in concurrence with the proposal to eliminate the cul-de-sac. Ms. Block said she did not know. She said, however, those proper- ties are accessed from 76th Street. Councilmember Nordquist pointed out that the public notice advertised the street as 231st Street but it is actually 232nd Street Southwest. Councilmember Hertrich noted that the Council did not receive all of the information pertinent to the hearing which, he said, makes it difficult for the Council to render a decision. Ms. Block perused the original ordinance and confirmed that the street is 231st Street. Councilmember Nordquist said the property is located on 232nd Street Southwest. He was concerned about proper notification. City Attorney Scott Snyder suggested that the hearing be continued to another date in order to avoid any notice problems if there was an inconsistency with the actual street sign. Mr. Snyder inquired what kind of notice was given. Ms. Block said the notice mailed for both the Hearing Examiner hearing and the Council hearing indicated an amendment to the Official Street Map removing the proposed cul-de-sac at the western end of 231st Street Southwest, west of 72nd Avenue Southwest. COUNCILMEMBER WILSON MOVED,.SECONDED BY COUNCILMEMBER HERTRICH FOR DISCUSSION, TO CONTINUE THE HEARING TO A DATE CERTAIN. Councilmember Hertrich wondered if the Hearing Examiner should hear the case again because the posting was incorrect. Mr. Snyder believed the matter could be resolved by the Council by renotification and hearing the issue themselves. In response to a question by Councilmember Palmer, Mr. Snyder said the general public and abut- ting property owners have a right to hear testimony in favor of and against vacations, but they would not have an opportunity to do so if the hearing was held tonight and continued to a date certain. COUNCILMEMBER WILSON SAID HE WOULD INCLUDE IN THE MOTION THE DATE OF JANUARY 30, 1990 TO WHICH TO CONTINUE THE HEARING. COUNCILMEMBER HERTRICH AGREED. MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED. Item #6 was postponed until January 30, 1990. Mayor Naughten recognized Senator Gary Nelson and Representatives John Beck and Jeannette Wood in the audience. ON ISSUE OF HIRING A LOBBYIST TO REPRESENT THE CITY OF EDMONDS FOR THE UPCOMING LEGISLA- ttKKI ItKM1NAL Mayor Naughten opened the public portion of the hearing. Gerald Perry, 217 - 5th Ave. N., said the City is already spending money for lobbyists to repre- sent the City of Edmonds, namely, Gary Nelson, John Beck and Jeannette Wood. He felt it was one of the Mayor's responsibilities and Council President's responsibilities to be informed of any pending action in Olympia. EDMONDS CITY COUNCIL MINUTES Page 4 JANUARY 2, 1990 Mr. Perry questioned what a lobbyist would be instructed to do for the City. He said the Coun- cil, as a whole, cannot make up their minds as to the City's position with respect to the ferry terminal, and they do not know the opinion of the majority of the citizens in Edmonds. Natalie Shippen, 1022 Euclid, said she had no objection to hiring a lobbyist. She said, however, she did not think that the City's opposition to the Department of Transportation's (DOT) sugges- tion regarding the waterfront was going to be an issue before the legislature in the upcoming session. Ms. Shippen said the legislature will be discussing the implementation of jumbo ferries and fund- ing of them with the 1/10th of 1% of the motor vehicle excise tax on a permanent basis. She was curious if there was a majority opinion of the Councilmembers who were in favor of hiring a lobby- ist regarding jumbo ferries in Edmonds. Councilmember Hertrich, Councilmember Nordquist, Council - member Jaech and Councilmember Dwyer said they were opposed to jumbo ferries. Ms. Shippen said they should, then, put the Council on record as being opposed to jumbo ferries because the Coun- cil should have a position in which to lobby if they are going to send a lobbyist to the legisla- ture. Ms. Shippen inquired if there was a majority opinion of the Council in opposition to using the 1/10th of 1% motor vehicle excise tax to operate jumbo ferries and passenger ferries. Councilmem- ber Hertrich said the issue was very complex, and the Council is unable to give a "yes" or "no" answer at the present time. Ms. Shippen noted that a hearing of the House Senate Transportation Committee was scheduled on Friday at 1:30 p.m. in Olympia if the Council was interested in attend- ing. Ms. Shippen reiterated that the position the Council has taken with respect to DOT will not be an issue with the legislature in the upcoming session, and the Council has not taken a position on the issue that will be before the legislature. Ms. Shippen said it was her understanding that the City has already hired a lobbyist. Councilmem- ber Kasper said the Council voted to budget money for a lobbyist, but a lobbyist has not been hired yet. Jack Bevan, 19210 - 94th W., said he was opposed to the City spending $20,000 for a lobbyist. He thought that money could be used for something more useful. John Beck, 200 Beach Pl., Representative of the 21st District, said he sends surveys to all of the registered voters in his district and then relays that information to the legislature. He said his first priority as a State Representative is to represent the majority opinion of those voters. His second priority is to represent the municipalities that make up the 21st District (Edmonds, Lynnwood, and Mukilteo and a portion of Mountlake Terrace). And his third priority lies with the County in which he resides. Mr. Beck said he firmly believes that his responsibili- ty as a representative of the people is also to represent the City of Edmonds, and he believed that Gary Nelson and Jeannette Wood also shared that belief. As a taxpayer, Mr. Beck said he was opposed to spending $20,000 for a lobbyist. He felt that money could be put to a better use. _ Councilmember Dwyer inquired if Mr. Beck believed that a lobbyist hired by the City would impede his ability to represent the City and if so, why. Mr. Beck replied negatively. He said the upcoming legislative session is only going to be for sixty days, and "the game would be over by the time the lobbyist was up to speed". He said the City would be throwing $20,000 out the win- dow if it hired a lobbyist for the next legislative session. Councilmember Dwyer inquired if the City's legislative delegation had a unanimous opinion regarding the four no's that the City voted on regarding the ferry terminal. (Councilmember Hertrich iterated the four no's later in the eve- ning). Mr. Beck replied negatively. He explained that he is unaware of the City's position in that regard because there has been poor communication between the City and its legislative delega- tion. Councilmember Dwyer noted that the City went on record in 1987 with the four things they did not want to happen at the ferry terminal, but the legislature included those items in the six year Transportation Improvement Program (TIP). He inquired what the City could do, other than hire a lobbyist, to prevent the City's position from being overlooked in the legislature in the future. Mr. Beck said a lobbyist would serve no other purpose than to relay the City's position to the legislature. He said he and Mr. Nelson and Ms. Wood are voting delegates, but in the absence of information regarding the City's position for the ferry terminal, the majority opinion of the legislature felt it was in the best interest of the State of Washington to have a second slip in Edmonds. Councilmember Hertrich said the City was opposed to: 1) a second slip; 2) dock expansion or widening; 3) overhead loading for passengers; and 4) commercial facilities on the dock. He said the Council has not taken a position with respect to jumbo ferries. EDMONDS CITY COUNCIL MINUTES Page 5 JANUARY 2, 1990 Jeannette Wood, 24223 Timber Lane, Woodway, said she felt that lobbyists are an essential part of the legislative system, but the City's need for a lobbyist is a waste of the taxpayers' money. Ms. Wood said the City is fortunate because she, Mr. Nelson, and Mr. Beck live very close to or in Edmonds. She said they do not necessarily have to agree with the position that the City takes because their charge is to represent the people of their district and it is their responsibility to inform the City of any action in Olympia. Ms. Wood said the upcoming session in Olympia is going to be very short, and she believed the Mayor and Council President would do just as well as lobbyists in negotiating with other elected State officials. Ms. Wood did not believe the issue of jumbo ferries would be brought before the legislature in the upcoming session. She felt the City did not need a lobbyist this year. Ms. Wood said because she has been unaware of the City's position, she asked her aide to call the City for Council minutes. Councilmember Kasper said the City has been in correspondence with the Department of Transporta- tion. He questioned why the minutes of the Council meetings have not been forwarded to the com- mittee. He said he had no knowledge until tonight that Ms. Wood had not been receiving the min- utes. Councilmember Jaech said the Council does not feel that its legislators are letting them down. She said the Council discussed hiring a lobbyist because their legislators are very busy and may not have time to lobby the City's position. Ms. Wood said the City must improve its communication with not only its legislators but also with neighboring cities that will also be affected by the ferry terminal. Ms. Wood said she attended the State Department of Transportation hearing at the Senior Center in Edmonds. She believed that all of the entities who are involved in the future of the ferry termi- nal are willing to work on a solution right now. She said this is the time to draw everybody together and get going and come to a firm agreement. Gary Nelson, 9710 Wharf St., clarified that the Transportation Committee has not done anything to "bless the purchase of any ferries". Mr. Nelson said he was quite shocked that the Council declined to accept a $100,000 grant from the State Department of Transportation to simply look at all of the facts. He did not believe the citizenry of Edmonds was willing to voice an opinion until they have all of the facts, and he did not think the Council, in turn, should say no to looking at the facts. Mr. Nelson said he reads the minutes of the Executive Branch Board that oversees the Department of Transportation to determine whether or not anything they approve is going to impact the City or the other communities in the 21st District. In addition, Mr. Nelson said he sits on the Stand- ing Committee of Transportation of the Puget -Sound Council of Governments. He said the ferry terminal has been before the Committee five times' and there has never been any voice of opinion by Edmonds relative to not having the marine program presented as it was to the legislature by the Department of Transportation. Mr. Nelson said the Association of Washington Cities is not aware of the City's position. He said the City is paying dues to that organization and should make use of those individuals in carrying the City's message to the legislature. Mr. Nelson said he also receives the minutes on the District 1 Transportation District, and they have a cumulative report every quarter on the status of all projects that have either taken place or extraordinary projects that are in place. Mr. Nelson explained that the 1/10th of 1% motor vehicle excise tax is intended to subsidize the ferry users and not to purchase jumbo ferries. He said the user pays approximately 62.5% of the operating costs, and there is an interest in providing more subsidy to hold down those costs. Mr. Nelson said a questionnaire has been written for residents of the 21st District regarding the Edmonds ferry terminal, and he said he would be happy to share the results with the City. He believed it would tell the Mayor and Council what its constituency are thinking. Mr. Nelson pointed out that Mayor Naughten, Mayor Hrdlicka and former Mayor Straight from Mount- lake Terrace have been consistent communicators with the legislators which, he said, is important because it is the Council who establishes a position and the Mayor takes that message to the EDMONDS CITY COUNCIL MINUTES Page 6 JANUARY 2, 1990 legislature. Additionally, he said the City's Staff, all of whom are professionals, have consis- tently provided a message to the legislature and associations that represent them in an executive fashion. He said the Council is missing a good bet if they do not take advantage of Staff on an ongoing basis because they have the expertise to put into motion the Council's directives. Last- ly, Mr. Nelson said a lot of members from Commissions and Boards call him and Mr. Beck and Ms. Wood on an ongoing basis. He said they are lobbyists, as well, and are doing a good job. Mr. Nelson asked the Council to ask themselves whether or not they would now add confusion by hiring a lobbyist to bring a consensus together of 28,000, the Mayor, the Council, Staff and Commissions and Boards for a sixty-day legislative session. Councilmember Jaech inquired if Mr. Nelson receives a packet of information in advance for issues that are going to be considered by the Committee. Mr. Nelson replied affirmatively. Councilmem- ber Jaech inquired if the City could receive any of that information in advance and send a Staff member to Olympia to talk with Mr. Nelson before a session begins. Mr. Nelson said the legisla- ture would prefer that a Staff member appeared before them rather than a lobbyist. In response to Councilmember Jaech, Mr. Nelson said meetings are established three months in advance as far as the topic matter, and there is a five day minimum notice during the session. Councilmember Nordquist said the City is facing real concerns on the waterfront, and he was inter- ested in developing better communication with the legislature and with neighboring cities. He said there is room for improvement; everyone should sit down and talk with one another. Council - member Nordquist said he would be willing to put the $20,000 back into the Council Contingency fund for this year but reallocate it to the Reserve Fund in November or December, if necessary. Don Stay, 715 Sprague, read a letter he had written to the Council which stated, in essence, that the expenditure of City funds for a lobbyist seemed ill-conceived because: 1) the Council has failed to clearly define the City's position other than the four no's; 2) the single issue of Edmonds versus the State regarding the ferry site and facility can be responded to and reported by Mr. Nelson and Mr. Beck; and 3) the elected officials of Edmonds are supposedly the City's lobbyists, and the leadership role should be carried out by the Mayor and Council President. He said he felt quite frustrated at times, particularly when he hears one or more of the Councilmem- bers professing to "represent the views of the citizens" and in reality they speak for a narrow band of supporters who match their personal perspective. Mayor Naughten closed the public portion of the hearing. Councilmember Dwyer clarified that the $20,000 is a reserve in the event that.something does arise where money is necessary to pursue the matter. He said the City cannot afford, it if does not hire a lobbyist, to have a repeat situation when the legislature takes action that is incon- sistent with the City's desire. He said the impetus to hiring a lobbyist emanated from the unani- mous agreement by the Council on the four no's. Councilmember Dwyer was concerned because he said the issue of a lobbyist has a potential to become devisive, and the question of how the Council approaches the waterfront issue might be used as a guise to divert attention away from the waterfront issue itself. He said it is very clear that the City's three legislators clearly do understand the City's position or have no reason not to clearly understand that position. He did not think the Council should allow them- selves to get in an adversarial position with their legislators or with themselves. Councilmember Dwyer said he brought up the idea of hiring a lobbyist because he thought it was.a very good idea and because it is a relatively sophisticated approach. He said everyone will feel "bad and likely angry" if something happens in the legislature in the upcoming session that wors- ens the City's position if the City does not hire a lobbyist, but he said he got the message tonight that that will not happen. He said he was willing to transfer the $20,000 for the lobby- ist from the Reserve Fund into the Council Contingency Fund and analyze the situation again in the fall. He was worried, however, because he did not believe that the Mayor or Council Presi- dent can address the issue in a fashion that a lobbyist can, and he did not think it was fair to put them in a position where they might be blamed if something happens. He assumed that would not happen, though, because everyone said it would not. Councilmember Palmer said it was his feeling that the "purchase" of a lobbyist was a poor use of taxpayers' dollar. He agreed with the legislators that the City has adequate representation with the Mayor and Council President. Councilmember Palmer said the four no's that the City has put forward do not represent a complete position that offers solutions to an ongoing issue; they only represent part of a position. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO WITHDRAW FUNDING FOR THE LOBBY- IST AND RETURN THE MONEY TO THE COUNCIL CONTINGENCY FUND ALONG WITH REMOVING ANY AND ALL AUTHOR- IZATION FOR ANY LOBBYIST ACT IN THE NAME OF THE CITY. EDMONDS CITY COUNCIL MINUTES Page 7 JANUARY 2, 1990 Councilmember Wilson said the City must find out what its citizens want, and the issues must be studied in order to formulate any solutions. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. J, Mayor Naughten thanked Mr. Nelson, Mr. Beck, and Ms. Wood for their help last year with some annexation legislation. He said they were instrumental in getting some changes approved which were beneficial to the City. He pointed out that those efforts are a perfect example of communi- cating with the legislators and of the system working. Mayor Naughten said there is a lot of confusion with regard to the lobbyist. He believed the answer lay with the City taking a position and then funding a solution to that position. Councilmember Kasper read a letter that he wrote to the legislators which stated, in essence, that it is imperative that the City and its legislators meet to discuss each others' points of view on the ferry dock expansion, relocation, etc. Councilmember Jaech thanked Mr. Nelson, Mr. Beck, and Ms. Wood for attending the Council meeting. Councilmember Jaech clarified that not only has the Council iterated its position with the four no's, it has offered a solution, and that is the use of smaller ferries and passenger ferries. She said the way in which the study is conducted must be established so that everyone feels the information that is disseminated is truthful and not biased in any way. Councilmember Hertrich read an excerpt from the October 18, 1989 Council minutes as follows: "COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADVISE THE STATE FERRY SYSTEM THAT THE CITY IS OPPOSED TO EXPANSION OF THE EXISTING EDMONDS FERRY TERMINAL, DOCK WIDENING, A SECOND SLIP, AND. COMMERCIAL STRUCTURES. IF EXPANSION IS REQUIRED, AN ALTERNATE SITE IS TO BE STUDIED. He noted that the motion was amended on October 25, 1989, to instruct the Councilmem- bers in attendance to relate to the State that the City does not want any major changes to the existing ferry terminal but does encourage the study of alternate sites. Councilmember Hertrich was hopeful that the legislators related that position to the State if changes to the existing dock are proposed by the State. He said it is the State's responsibili- ty, and not the City's, to study alternate sites. In response to Councilmember Kasper, Mr. Nelson said the questionnaire regarding the Edmonds ferry terminal has already been written, but the Council can include any information they desire in the post information piece to the electorate. RE -VOTE ON PROPOSED ORDINANCE 27'47 RELATED TO RECYCLING BOXES FROM HEARING OF DECEMBER 5 1989; AFFIRMATIVE -VOTE LAC ED NUMBER OF VOTES REQUIRED TO PASS ORDINANCE/TWO COUN L MBERSABSENT)— On December 5, 1989, the City Council held a hearing on the Planning Board recommendation regard- ing proposed regulations for recycling boxes in the City. The Council voted 3 to 2 to pass the proposed ordinance, but at least four votes are needed to pass any ordinance. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO ADOPT ORDINANCE 2147. Councilmember Palmer noted that although he was not sitting in on the Council as a member at the time the hearing took place, he was present during the entire hearing on the issue and intended to vote unless there was a legal issue precluding him from doing so. City Attorney Scott Snyder noted that the matter was a legislative decision of the Council and he could participate in the vote. MOTION CARRIED. RECONSIDERATION OF COUNCIL COMMITTEE SYSTEM AND STUDY SESSIONS Councilmember Jaech suggested that the item be discussed at a future date in order to get input from both Council President Kasper and newly elected Council President for 1990, Councilmember Nordquist. Council President Kasper suggested that the matter be discussed as the first item at next week's Council committee meeting. MAYOR Mayor Naughten congratulated the newly elected officials. EDMONDS CITY COUNCIL MINUTES Page 8 JANUARY 2, 1990 COUNCIL Councilmember Jaech said six ambassadors from Sweden were her guests for a few days last week. She said they visited City Hall, and Mayor Pro Tem Kasper made them feel extremely welcome. She said they visited other areas in Edmonds, but were particularly interested in the structural components of the Port facilities. She thanked the City for showing so much hospitality. uA COUNCILMEMBER DWYER,-MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO EXCUSE COUNCILMEMBER JAECH'S ABSENCE ON DECEMBER 27, 1989. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AMEND THE BUDGET FOR THE POSITION IN THE CITY CLERK'S OFFICE TO FUND AN NE-5. In response to Councilmember Kasper, Councilmember Jaech said Personnel Manager Brent Hunter told her that he can draft a job description that is consistent with the grade level. Councilmember Kasper inquired if that was inherent in the motion. Councilmember Jaech replied affirmatively. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, l COUNCILMEMBER JAECH, AND COUNCILMEMBER NOROQUIST IN FAVOR; COUNCILMEMBER KASPER, .000NCILMEMBER PALMER, AND COUNCILMEMBER WILSON OPPOSED. Councilmember Nordquist thanked the Council for electing him as Council President in 1990. He also thanked Council President Kasper for one and a half years of leadership. Councilmember Nordquist said the Council will receive a trivia questionnaire each week on Edmonds and Edmonds past, and prizes will be awarded in celebration of the City's Centennial. Councilmember Nordquist noted that this year is his twenty-third year on the Council. Councilmember Hertrich thanked the Council for electing him as Council President Pro Tem. Councilmember Palmer said it was a pleasure to serve on the Council. He was hopeful that the City, community and Council can look first to areas of agreement. Mayor Naughten welcomed in the new year and the City's one hundred year celebration. Mayor Naughten said he gave Babe Bucklin a commendation at his retirement party on December 29th for serving as Port Commission for twenty-one years. Mayor Naughten wished him the best. Council President Kasper thanked the Council for supporting him in the last three elections. Councilmember Wilson congratulated the newly elected officials. He told Council President Kasper that he appreciated the 110% he has given as Council President. He looked forward to working with newly elected Council President Nordquist.- Councilmember Wilson wished everyone a happy new year. The meeting adjourned at 9:48 p.m. THESE MINUTES ARE SUBJECT TO JANUARY 16, 1990 APPROVAL. CQU LINE G. PARR TT, City Clerk RRY NA GHTEN, ay EDMONDS CITY COUNCIL MINUTES Page 9 JANUARY 2, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7 :0 0 - 10: 00 P.M. JANUARY 2, 1990 CALL TO ORDER i FLAG SALUTE/ ADMINISTRATION OF OATHS OF OFFICE TO ELECTED OFFICIALS BY CHIEF JUSTICE OF THE WASHINGTON STATE SUPREME COURT KEITH M. CALLOW 1. ELECTION OF CITY COUNCIL PRESIDENT; COUNCIL APPOINTMENT OF (10 MINUTES) REPRESENTATIVES TO HEALTH BOARD AND COMMUNITY TRANSIT 2. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 27, 1989 (C) PROPOSED ORDINANCE 21746 AMENDING EDMONDS CITY CODE RELATING TO GAMBLING TAX ON SPECIAL AMUSEMENT GAMES (CRANE GAMES) TO BRING INTO CONFORMANCE WITH STATE LAW (D) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION REGARDING REDUCTION OF SIDE YARD SETBACK AT 19129 OLYMPIC VIEW DR. (APPELLANTS: DON AND ANN HERMAN; APPLICANT: JOSEPH BACSO) 3. AUDIENCE 4. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED AMENDMENT (30 MINUTES) TO EDMONDS COMMUNITY DEVELOPMENT CODE TO ALLOW SMALL ANIMAL HOSPITALS IN BN ZONE (CDC-6-89/DR. REMICK) 5. HEARING ON HEARING EXAMINER RECOMMENDATION ON PROPOSED AMENDMENT TO (20 MINUTES) OFFICIAL STREET MAP TO REMOVE PROPOSED CUL-DE-SAC AT WESTERN END OF 231ST ST. S.W., WEST OF 76TH AVE. W. (ST-5-89/GEORGE BRANDEL) , 6. HEARING ON PRELIMINARY 8-LOT SUBDIVISION AT APPROXIMATELY 7729 234TH ST. (30 MINUTES) S.W. (P-6-89/GEORGE BRANDEL) 7. HEARING ON ISSUE OF HIRING A LOBBYIST TO REPRESENT THE CITY OF EDMONDS (45 MINUTES) FOR THE UPCOMING LEGISLATIVE SESSION TO MONITOR THE DEPARTMENT OF TRANSPORTATION AND ANY PLANS REGARDING THE EDMONDS FERRY TERMINAL 8. RE -VOTE ON PROPOSED ORDINANCE 2747 RELATED TO RECYCLING BOXES (10 MINUTES) (FROM HEARING OF DECEMBER_5, 1989; AFFIRMATIVE VOTE LACKED NUMBER OF VOTES REQUIRED TO PASS ORDINANCE/TWO COUNCILMEMBERS ABSENT) 9. RECONSIDERATION OF COUNCIL COMMITTEE SYSTEM AND STUDY SESSIONS (15 MINUTES) 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE