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07/25/1989 City CouncilTHESE MINUTES SUBJECT TO AUGUST 1. 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES JULY 25, 1999 (WORK MEETING) 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 ABSENT STAFF Larry Naughten, Mayo Steve Dwyer Duane Bowman, Assoc. City Planner Bill Kasper, Council President Peter Hahn, Comm. Svc. Director Laura Hall, Councilmember Brent Hunter, Personnel Manager Roger Hertrich, Councilmember Linda McCrystal, Arts Coordinator Jo -Anne Jaech, Councilmember Ron Schirman, Asst. Fire Chief John Nordquist, Councilmember Bobby Mills, Public Works Supt. Jack Wilson, Councilmember Dan Prinz, Police Chief Chuck Day, Accounting Manager Bob Bower, Treatment Plant Supvr. Gordy Hyde, Engineering Coordinator Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Nordquist arrived a few minutes late and did not vote on an;- item on the Consent Agenda except Item (I). CONSENT AGENDA Items (B), (F), (G), and (I) trere removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BAL='.NCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) ADOPTED ORDINANCE 2727 REPEALING EDMONDS CITY CODE CHAPTER 4.10 P,EG.-.RDING TOW TRUCKS (0) ADOPTED ORDINANCE 2728 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 19.05 RELATING TO ENGINEERING REVIEWS AND COSTS i (E) AUTHORIZATION FOR MAYOR TO SIGN CONSULTANT SERVICES AGREEMENT WITH LEE JOHNSON ASSOCIATES FOR BRACKETT'S LANDING JETTY IMPROOVEMENTS 9� y L�''G%rsY (H) APPROVAL OF TRANSFER OF 524,000 FROM FUND 412 TO FUND 112 IN CONNECTION WITH PHASE I OF 1989 OVERLAY PROGRAM (J) ACCEPTANCE OF UTILITY EASEMENT FROM RODNEY R. AND DOLORES E. COTTINGHAM FOR STORY SEWER ACROSS 1026 CASCADE LANE (K) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JOHN B. AND WANDA L. FLEMING ($724.80) APPROVAL OF MINUTES OF JULY 18, 1989 [ITEM (B) ON THE CONSENT AGENDA Councilmember Hertrich made the following correction at the irequest of Councilmember Dwyer: pace 5, paragraph 1, amend sentence deleting the word "not" so it reads, "Councilmember Dwyer said although several height variances have been approved for PP.D's, he noted that the case before the Council is the first instance in which the issue of whether or not it was proper to grant a vari- ance in PRO'S has been raised". Councilmember Kasper made the following corrections: page 7, paragraph 15, amend the second sentence to read, "He felt the solution would be to grant the height variance to a single story limit above street grade"; page 8, paragraph 12, he noted that the minutes did not reflect the seconder of the motion. (The minute taker referenced her notes and found that the seconder to the motion was Councilmember Hall.) COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE MINUTES AS CORRECT- ED. MOTION CARRIED. AUTHORIZATION TO REPLACE HOT WATER BOILER AT FRANCES ANDERSON CENTER ($41,E•00 APPROX.) [ITEM JFJ ON THE CONSENT AGENOAJ Councilmember Jaech was concerned that funding of this item, as well as other items, would de- 1 plete the Council Contingency Fund. Community Services Director Peter Hahn noted that Staff Fes" recommended that the monies be derived from Fund 116 (where money had been Budgeted for the Ander- son Center windows) and not the Council Contingency Fund. Councilmember Jaech inquired if prob- lems would be encountered with weather conditions if the Anderson windows are replaced later. Mr. Hahn replied negatively. Councilmember Hertrich inquired if the boiler was inspected by a certified individual to ascer- tain if the damage was as severe as indicated. Public Works Superintendent Bobby Mills said the inspection was done by a certified person. He said Staff recommends replacement of the boiler because the cost differential to repair the boiler is less than $10,000 and, secondly, inspection alone of the core of the boiler would cost an additional $5,000 because of asbestos removal. He said if that section is in need of repairs, the cost estimate will be even higher than initially anticipated so it will be more cost effective and practical to replace the toiler. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITE`! (F). MOTION CARRIED. APPROVAL OF FINAL PLAT OF HARBOR HILLS [ITEM (G) ON THE CONSENT AGENDA] Councilmember Hertrich said the applicant has not confirmed ownership cf the proposed access easement, which is one of the City's conditions of approval of the subdivision. And secondly, the Hearing Examiner stated that in order for the City to give -final plat approval of the pro- posed subdivision, the Hanchetts must show ownership of the easement, which he presumed could not be accomplished until the Snohomish County adverse possession case has been decided. Councilmember Hertrich said the public is relying on the City to adhere to the conclusions reached during the hearing processes. COUNCILMEMBER HERTRICH MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER JAECH, TO TABLE ITEM (I) UNTIL THE ADVERSE POSSESSION CASE IS DECIDED. City Attorney Scott Snyder noted that State statute and City ordinance state that the City has thirty days from the date the final plat is submitted to render a decision. He said the City can either approve the application, reject it, or return it to the applicant. Mr. Snyder said it is Staff's position that the condition of confirmation of the access easement has been met. He said the Snohomish County Superior Court entered a summary judgment in favor of the Hanchetts with respect to their quiet title action. He said while is on appeal, the McCormicks have not filed a supersedeas or appeal bond nor have they filed a lis pendens, which means that the Snohomish County Superior Court decision is binding on all parties. Mr. Snyder said the Hanchetts have provided a title opinion from their title company showing clear title in the easement. Because State statute and City ordinance require the City to render a decision by August 19, 1989, Mr. Snyder advised the Council to either approve the plat or set a hearing for August 15, 1989. MOTION FAILED WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER JAECH IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER HALL, AND COUNCILMEM,BER WILSON OPPOSED; COUNCILMEMBER NORDQUIST ABSTAINED. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (G). A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH AND COUNCILMEMBER JAECH OPPOSED; COUNCILMEMBER NORDQUIST ABSTAINED (because he was not present for the full discussion). Od ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO APPEAL OF HEARING EXAMINER AND ARCHITECTURAL DESIGN BOARD DECISIONS REGARDING PROPOSED APARTMENT BUILDING AT 633 GLEN ST. CU-2289/ADB-17-89 APPELLANT: JACK V NDEMAtI/APPLIC IJT: JAMES SMITH ITEM I N THE CONSENT AGENOAj Councilmember Hertrich said he made an on -site visit and does not believe that the size of the trees has been assessed properly. He recommended that the issue be tabled until a proper assess- ment is made. EDMONDS CITY COUNCIL MINUTES Page 2 July 25, 1989 Councilmember Wilson noted that the size of the trees were indicated in every document that the City received. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO .APPROVE :TEM (1). MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. CWC-HOR MONTHLY REPORT Bud Benges, CWC-HDR, Inc., reported that the project is maictaining the revised schedule that was submitted by the contractor in May. He said some of the pe:-anent facilities will commence opera- tion in January of 1990. Mr. Benges said a public meeting is planned in September t discuss several off -site construction activities that will have some effect on the community, i.e, sewer construction in the streets, working on the beach, etc. Mr. Benges said the formwork and rebar placement is continuing for superstructure walls at the raw sewage pumping station. The contractor has placed several mock-up wails showing the architec- tural finish and is preparing to place the first architectural wall by the end of July. Dewatering activities are limited to a single dewatering well located on the east side of the station. Mr. Bences said the below grade perimeter walls are complete at the solids process building. Work continues with placement of all interior below grade walls. Mr. Benges noted that all below grade slabs and piping are complete for the raw sludge pumping station,, primary clarifier no. 3 and the access tunnel. The contractor has completed demolition in existing primary clarifier no. 2 and is preparing for installation of the sludge collection mechanism in August. Mr. Bences said the Phase II cutoff wall installation is continuing along the north and east perimeter of the plant site. Fir. Benges stated that the contractor's claims of S8,500 and S28,000 for extra work regarding dewatering have been evaluated by CWC-HDR. Payments of 55,337 and S3,800, respectively, are recommended for these claims. The contractor has recently submitted a claim for extra work re- garding the installation of the Phase 11 cutoff wall at the northwest corner of the site. Di"Ter- ino soil conditions is the reason stated for the S117,000 claim. C'WC--0R is reviewing the con- tractor's cost information and data. Mr. Benges noted that permits have been received from W.S.J.O.T. for th=_ meter station telemetry project. Plans and specifications are being finalized in preparation for bid. Fir. Bences said the project is 190 days into construction as of June 30. 1989, representing 16.5 Of the total contract time. Pay estimate no. 6 for work perforimed from June 1, 1989 to June 30, 1989 was for S1,128,186. Total payments as of June 30, 1989 equal S4,051,570, or 15.2% of the total contract amount. Councilnember Kasper inquired if any problems will be encountered with the outfall line due to construction. Fir. Benges said Staff is monitoring the plant for discharge quality and, to date, no violations have occurred. Mr. Hahn noted that the Army Corps of Engineers conducted a week-long audit of the plant, and their verbal report viewed construction, record keeping, and grant management very favorably. REVIEW AND APPROVAL OF EDMONDS CHAMBER OF COMMERCE 1989 FUNDS REQUEST FOR COMFIUNITY EVENTS Ar,@ �v PROJECTS ORIGINALLY REQUESTED DURING 1989 BUDGET DISCUSSIONS] IC In researching the Council's action on this request, it was determined that the original request was reviewed at the November 15, 1988 Council meeting and the Council mnoved to consider the re- quest during the budgetary process. A flip chart from a budget meeting indicates that the Coun- cil elected not to include the request in the 1989 budget. Joan Longstaff, President of the Edmonds Chamber of Correrce, submitted the Chamber community guide and business directory to the Council. EDMONDS CITY COUNCIL MINUTES Page 3 July 25, 1989 Ms. Longstaff said the purpose of the Chamber Marketing Committee and its subcommittees is to promote the City of Edmonds to residents, neighboring communities and out-of-state visitors. She said through various advertising media, visitors are discovering that Edmonds is a nice place to visit. Ms. Longstaff said the Chamber speros approximately 550,000 a year to promote the City, and it is attempting to establish an official visitor information center at the Chamber offices. Ms. Longstaff requested City support for several yearly events and promotional material in the amount of $12,300. Councilmember Jaech noted that promotional activities should be funded from Fund 120. Mayor Naughten said the balance in that fund at the present time is only $11,634. Councilmember Hall pointed out that additional funds will be deposited into the fund before the year is over. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO FUND THE CHAMBER OF COMMERCE RE- QUEST FOR 512,300 FROM FUND 120 WHEN THE MONIES ARE AVAILABLE. MOTION CARRIED. Councilmember Kasper recommended that Staff closely monitor monies that are allocated for tourism to the various entities and submit a report to the Council on a quarterly basis. COUNCIL REVIEW OF CENTENNIAL PLAZA PROPOSALS Arts Coordinator Linda McCrystal, representing the Centennial Committee, introduced members of the Committee who were in the audience as follows: Natalie Shippen, Dia Bock, Barbara Kindness, and Rob Morrison. Ms. McCrystal said in 1990 the City of Edmonds will celebrate its first century as a city in Washington State, and the Ed-onds Centennial Committee is inviting its citizens to become a part of the City's livino history with 4c.nations to the Centennial Plaza. She said the Plaza is pro- posed at the triangle at Bell and 'th Avenue. Bell Street is proposed to be reduced so that it is 30 feet on both sides and oarkinc along the perimeter of the area will be eliminated but paral- lel parking will be provided. The Plaza will be the focal point of Edmonds: a place for special events, ceremonies, and dedications of historic events. Pis. McCrystal said several organizations are already interested in making dca_tions, but th=_ ,major fund raiser for the project will be the promotion of individual donor bricks at S25 apiece on the pedestrian walkway. _ Ms. McCrystal said it is anticipated that revenues will cover, and even exceed, expenses. Ms. McCrystal reviewed the proposal with the Council, noting that it is subject to Architectural Design Board and Council approval 'before the project can commence. Councilmember Wilson inquired about the excess rev=_rues. Ms. McCrystal said those monies will be used for other improvements and projects throughout the City. Councilmember Kasper said it appeared that all of the work will be performed by City Staff. Ms. McCrystal said the masonry work will be bid and subcontracted out. Community Services Director Peter Hahn said the project will be constructed through a cooperative effort with some City la- bor, and the City will act as the oeneral contractor and subcontract a percentage of the work. Councilmember Nordquist inquired if the brickwork ::ill be bid. Mr. Hahn replied affirmatively. Councilmember Nordquist inquired who would conduct the bid process. Mr. Hahn replied the Engi- neering Department. Councilmember Kasper inquired when project construction will commence. Ms. McCrystal said the project will be bid in January 1990 and construction will commence in March if fund raising ef- forts are successful. Councilmember Hertrich asked how many sites were considered for the project. Ms. McCrystal said several sites were considered, but the Committee felt the proposed location was the best location because of its proximity to the Civic Center, museum, and Chamber office. COUNCILMEMBER HALL MOVED, SECONDED 3Y COUNCILIMEM3E KASPER, TO APPROVE THE DESIGN CONCEPT AND FUND RAISING PROPOSAL. MOTION CARRIED. Mayor Naughten thanked Ms. McCrystal for her efforts and for taking time to make the presentation to the Council on her vacation. He also thanked the Centennial Committee for their efforts. EDMONDS CITY COUNCIL MINUTES Page 4 July 25, 1989 PROPOSED REJECTION OF UNTIMELY APPEAL REGARDING CONDITIONAL USE PERMIT FOR TEMPORARY PARKING LOT AT 18300 - 761`�i AVE. W. FOR LYNNWOOD WASTEWATER TREATMENT PLANT CONSTRUCTION CU-35-8 Associate City Planner Duane Bowman reported that Kiewit Construction, the general contractor for the Lynnwood Treatment Plant project, applied for a conditional use permit for a temporary park- ing lot at the site of the former horse corral to park the vehicles for the construction workers who are transper-ted from the parking area to the construction site. Mr. Bowmar, said the Hearing Examiner held a hearing on the request on June 1, 1989 and issued his decision on June 15, 1989 approving the request. The appeal period was set by the Hearing Examin- er as lure 29, 1989. 1r. Be.. -man said Richard Duce, a neighboring property owner, objected to the decision and mailed an appeal to the City on June 30, 1989 and the City received the appeal on July 3, 1989. Mr. Bowman said Mr. Duce's daughter was supposed to mail a prewritten appeal letter for him while he was on vacation but did not mail it in time to meet the deadline for the appeal period. Mr. Bowman said it is Staff's recori-iendation to adopt the proposed findings and reject the appeal. Mr. Bowman said he informed Mr. Duce last week that audience participation was not allowed at the July 25 Council meeting but he could submit a letter to the Council explaining the circumstanc- es. Mr. Bowman said the City did not receive his letter in time to include in the Council pack- ets but copies were placed in the Council folders today when received. Councilmember Wilson inquired if any time frame should be taken into consideration if the Council upheld the appeal. her. Bowman said the contractor is working on the construction site at the present tine and will be at a peak staffing level of approximately forty employees very soon. Mr. Bowman said he sueoested to the contractor that his employees park farther into the lot rath- er than along the perimeter of 76th to mitigate the impact to the neighborhood. In response to a question by Councilmember Hertrich, Mr. Bowman said the City can, if it upholds the appeal, grant a conditional use permit to the contractor and impose conditions to mitigate the impact. In that instance, he recommended that the. City allow the contractor to use the site until the Council renders a decision on the appeal. City Attorney Scott Snyder noted that the Council could, by its own action, reopen the issue without proceeding on the appeal if Staff or the Council found that the conditional use permit, as it was being operated, created a nuisance for the neighborhood. Councilmeber Hertrich inquired if it would be simpler to issue a conditional use permit, as Mr. Bowman had mentioned, uphold the appeal and render a decision at the hearing. Mr. Snyder said he had reservations because the time limit clearly had not been met to file an appeal and the person who is issued a permit has due process rights. He noted that the appeal raises environmental issues and, in that context, is actually thirty days past the appeal period because the SEPA determination was final some time ago. Councilmember Nordquist felt the Council should reject the appeal not only because it failed to meet the appeal period but because the City would be barraged with similar requests in the future by people who missed the appeal period for some reason or another. Councilmember Kasper and Councilmember Jaech concurred. Councilmember Jaech requested Staff to notify Mr. Duce that the issue (conditional use permit) can be reopened and heard by the Council if a nuisance is created. COUNCILMEIIBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO REJECT THE APPEAL. MOTION CARRIED. (Mr. Duce was present and attempted to address the Council but was declared out of order.) PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE SECTION 4.80.020 EXTENDING THE USE CATEGORIES FOR AIRCRAFT LANDING PERMITS Police Chief Dan Prinz reported that the current ordinance does not allow for helicopter landings on private school properties. He said a man has requested the ability to land and take off at Holy Rosary Church after his wedding. He said the proposed change allows landings on any proper- ty used for school or recreational uses. Any request for a permit is checked by the Police De- partment, =ire Department, and Plan.ning Division for proper area, safety and insurance coverage. Chief Prinz said it is his recommendation to approve the proposed amended ordinance. Chief Prinz said in reviewing the ordinance, he thought the intent was to allow landings not only in the business district but also in residential areas that have large open spaces. Councilmem- ber Hail said she believed the intent of the ordinance was not to allow landings and take -offs in the business district. Councilmember Wilson and Councilmember Hertrich felt there was no differ- ent in a private school property and a public school property as it relates to this issue. EDMONDS CITY COUNCIL MINUTES Page 5 July 25, 1989 Councilmember Kasper inquired if Holy Rosary Church was amenable to the helicopter landing on its premises. Chief Prinz said the issue is moot now because the church has rejected the request. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, NOT TO APPROVE THE PROPOSED OROi- NANCE. MOTION CARRIED WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER WILSON OPPOSED. REVIEW OF COMPENSATORY TIME POLICY :EATING TO EXEMPT EMPLOYEES Personnel Manager Brent Hunter said a new Co,.�p Time Policy for exempt employees has been prepared at the Council's request. The previous policy lacked sufficient controls and allowed consider- ( able accumulations of Comp Time to occur. The proposed policy excludes the Department Directors and the Division Managers from the recording Comp Time. It does allow all other exempt employees to accumulate Comp Time up to a 40 hour maximum. It also states that employees will either be paid for hours worked after they accumulate the maximum Comp Time or they will be given the ti:e off in the same pay period. Additionally, the policy states that all Comp Time must be used by the end of the calendar year or the employee forfeits it. Mr. Hunter reviewed the provisions of the policy as follows: 1) The following Department Directors and Division Managers are excluded from the Corp Time Policy: Community Services Director, Administrative Services Director, City Engineer, Public Works Superintendent, Assistant Police Chief( s), City Clerk, Personnel Mana er, Police Chief, Fire Chief, Planning Manager, Parks d Recreation Manager, Assistant Fire Chiefs), and Accounting Manager. The Directors and Managers will work under an informal "honor" system. There will not be any formal records of time maintained, and the City will not be liable for any pay beyond the employee's normal monthly salary. Any absences from the regular work schedule must have the employee's supervisor's approval. 2) All other exempt employees shall receive Comp Time for night meetings, emergency callouts, and other similar times which are required by their supervisor. Comp Time will not be earned for short-term extensions of regular work hours (less than one hour) or assignments, such as staying late or coming in early. Supervisors should judiciously examine the need for the a-.,pioyee's attendance or extra hours before requiring it. 3) Comp Time shall be earned at the straight time rate, that being one hour of Comp Time earned for each hour worked, as specified in paragraph 2 above. Work time is measure'_ fro, tihe tice the work or meeting begins and is finishad when the work or meeting is completed. 4) Employees who are required to attend regularly scheduled night meetings should be given a flex time work schedule to adjust for the meetino times. 5) Effective January 1, 1990, employees shall be allowed to accumulate up to a maximum of '.0 hours of Comp Time during the year. As Comp Time is used during the year and subtracted from the accumulated amount, employees may replace it as they earn more, but at no tiim= can the accumula- tion exceed 40 hours at the end of any pay period. Comp Time off can be taker: upon mutual agree- ment between the employee and his/`•er supervisor. if the employee earns additional Comp Time after he/she has accumulated 40 hours, the employee must either be paid for the extra time or be given it off during the same pay period. 6) Employees must use their accumulated Comp Time by the end of each calendar year or lose it. Each exempt employee shall begin the new calendar year with a zero balance in their Comp Time accumulation record. Employees and their supervisor should arrange a time -off schedule by Decem- ber 1st of each year to insure that .he Comp Time is taken off and not forfeited. 7) Comp Time can be used to supple-ent vacation leaves or in lieu of sick Dave, subject to the accumulation limitations. 8) Exceptions to any of these rules requires the specific approval of the Mayor. With respect to item `2, Councilmeimt-_r Hertrich inquired if employees will be compensated if they work overtime without approval from :heir supervisor. Mr. Hunter replied negatively. Councilmember Wilson inquired if employees will be compensated for attending an educational class for improving their work skills tha. is not required by their supervisor. Mr. Hunter said those instances will be negotiated if the classes are beneficial to both the City and the employee. e said the City typically recognizes tune taken for a seminar or class at a supervisor's request as regular work hours, but if the employee was not required to attend but wanted to go, a supervisor can suggested that the employees use their Comp Time or vacation time; however, the policy does not state that the supervisor shall ,-andate the employee to use Comp Time. EDMONDS CITY COUNCIL MINUTES Page 6 July 25, 1989 Councilmember Wilson inquired if an employee will accumulate Comp Time for travel time to and from a seminar or class. Mr. Hunter replied negatively, with the exception of an overnight stay. City Attorney Scott Snyder noted that exempt employees are not governed by the elaborate set of Feceral and State rules _hat govern hourly employees and so the Council is free to establish its own policy or to re-gotia_= as they deen appropriate. With respect to item =5, Counciimember Nordquist noted that certain employees are required to attend evening meetings. He said those employees should work from noon on Tuesday on a flex time schedule until the meeting is adjourned Tuesday night and not receive Comp Time rather than take `tondays off and receive Comp Time for that day. Councilmember Nordquist disapproved of a Department Manager arriving later in the day after a meeting the night before because he said employees are without leadership in the interim. Mayor Nauchten said the department can be managed so there is little or no impact while the manager is on Comp Time. With reference to item =-, Councilmember Hertrich inquired if employees may be compensated for Comp Time accumulated with less than 40 hours. Mr. Hunter replied negatively. The Council recorirended the following amendments to the policy: Item '6 - Employees and their supervisors should arrange a time -off schedule by October 1st of each year to insure that Comp Time is taken and not forfeited. Comp Time earned in December can be carried over into January of the following year. Councilmember Hertrich inquired if an employee is restricted to using "x" number of days at a time of Comp Time: Mayor Naughten replied negatively. Item ,',8 - Exceptions to any of these rules requires the specific approval of the Mayor and/or Personnel Manager. Councilmember Kasper inquired if an employee can supplement his/her vacation with Comp Time. Mayor Naughten replied affirmatively with a supervisor's approval. COUNCILMEMBER HALL MOVED, SECONDED 5Y COUNCILIIEMBER JAECH, TO PLACE THE COMP TI11E POLICY ON THE CONSENT AGENDA 14EXT WEEK. iOTION C=.RRIED. Councilmember Kasper recom.vended that the policy be enacted for a year and then examined. J16A�'- REVIEW OF LIBRARY PLAZA KEETING ROC:" RENTAL FEES Com�-iiunity Services Director Peter -Zhn noted that the Library Plaza Room has been available for rental to the public for approximately seven years. In that time, the rental fee has remained the sane (S50/hour up to S300/da. He said the fee appears to be under -priced compared with other hall rentals. Mr. Hahn said it is the recommencation of Staff to increase the rental rates for the Library Plaza Room to S65 per hour up to a maximum of S400 per day and the fee for the small room to S25 per hour. COUNCILI•IEMBER NORDQUIST .OVED, SECONDED BY COUNCILMEMBER HALL, TO INCREASE THE RENTAL RATE FOR THE LIBRARY PLAZA ROOM TO $65 PER -OUR UP TO A MAXIMUM OF $400 PER DAY AND S25 PER HOUR FOR THE SMLALL ROOM. MOTION CARRIED. REVIEW OF THREE ROAD CHANNELIZATION REVISION PROJECTS Engineering Coordinator Gordy Hyde reviewed with the Council the proposed changes as follows: SR524 and 7th Avenue - reconfigure the sidewalk to increase the turning radius from 15 feet to 25 feet; install 4" square reflector buttons where the road is painted for channelization; reconfig- ure the westbound lane to 11 feet, the center left turn lane to 11 feet, and the inner lane to 14 feet with buttons; move the crosswalk farther towards the intersection and extend the left turn lane. Councilmember Jaech recomme;.ded that the utility pole be relocated to the inside of the sidewalk for safety reasons. COUNCILMEMBER NOPDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE THE PROPOSED CHANGES TO THE INTERSECTION AT SR524 AND 7T- AVENUE AS DISCUSSED. MOTION CARRIED. SR104 and 76th Avenue West - with _Mate approval, reduce the northbound traffic lane and increase the southbound traffic lane to provide a second lane closer to the 7-Eleven store, which will allow vehicles to make a free right turn; channelize the middle lanes. Councilmember Nordquist noted that the Council made a motion in 1973 to implement those changes. EDMONDS CITY COUNCIL MINUTES Page 7 July 25, 1989 COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO UPHOLD THE COUNCIL'S ACTION IN 1973 AND AUTHORIZE CHANNEL,ZATiON OF THE MIDDLE LANES. MOTION CARRIED. 80th Avenue and 196th - create four lanes west of the intersection up the intersection of 82nd Place near the bus stop at the top of the hill to allow a right turn and through lane east of the intersection. COUNCILMEMBER HERTRICH MOVED, SECONOED 'i COUNCILMEMBER JAECH, TO AUTHORIZE THE PROPOSED CHANGES TO THE INTERSECTION OF 80TH AVENUE AND 196TH. MOTION CARRIED. PROPOSAL TO CALL FOR BIDS FOR FESCUE BOAT Assistant Fire Chief Ron Schir-an said is appears to be the consensus of the Mayor and Council to forego the construction of a building at Brackett's Lane .ing to house an inflatable rescue boat. He said a Technical Advisory Committee consisting of representatives from the Coast Guard and Port of Edmonds, Assistant Fire Chief and Rescue Team Jive Master have reached the conclusion that a rigid hulled, self bailing., outboard, low -maintenance vessel moored at the Port of Edmonds would be most advantageous to the City. Assistant Fire Chief Schirman said it is the recommendation of Staff to approve the request to call for bids on a rescue boat. Councilmember Nordquist inquired 'now a victim could be lifted onto the boat. Assistant Fire Chief Schirman said there is a dive ladder over the side of the boat that is wide enough for two divers. Councilnember Nordquist inquired if the boat recommended by Staff is used for rescue operations elsewhere in the United States. Assistant Fire Chief Schirman said the Coast Guard uses the boat on the east coast. Councilmember Hertrich inquired if a formal agreement has been reached between the City and Port to moor the boat at the Por_ of Edmonds. Councilmember 'Wilson said although a formal agreement has not been drafted, Bill Stevens has assured the Public Safety Committee that moorage is avail- able at the Port. In response to a question Councilmember Nordquist, City Attorney Scott Snyder advised Staff to bid specifications or an ee_ival=_nt if a rand name is given. Councilmember Nordquist inc.ired if the �reduct can be negotiated without having to go to bid if there is only one supplier. Mr. Snyder said the Council has the ability to negotiate if they specify a unique item. COUNCILMEMBER WILSON MOVED, SECOiDEO BY COUNCILFiEMBER <P.SPER, TO APPROVE THE REQUEST TO CALL FOR BIDS ON A RESCUE BOAT. At the request of Councilce,aber ertrich, COUNCILMEMBER 'WILSON ALTERED THE :MOTION TO OBTAIN AN AGREEMENT WITH THE PORT OF EDMONDS FOR I!OOR:GE BEFORE THE BIDS ARE LET AND TO BID FOR THE RESCUE BOAT OR AN EQUIVALENT. THE SECONDER AGREED. LOTION CARRIED. PROPOSED ORDINANCE 2729 A;IENDING 1989 BUDGET AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENOI- TURES OF VARIOUS FUNDS g Councilmember Jaech noted that previous actions taken by the Council have transferred monies from various funds to other funds, which increased expenditures and requires the 1989 budget to be amended. She said this is a housekeeping chore necessitated by legal audit requirements, and State law requires that an ordinance be adopted whenever money is transferred from one fund to another. COUNCILMEMBER JAECH MOVED, SECONDED BY CCUNCILMEMBER WILSON, TO ADOPT THE PROPOSED ORDINANCE. City Attorney Scott Snyder noted that State statute recuires an opportunity for public comment before the Council renders a decisicn. No public input was offered. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 8 July 25, 1989 PROPOSED MODIFICATION OF AGREEMENT WITH OLYMPIC VIEW WATER DISTRICT ;OR FURNISHING WATER TO PR PERTIES L C TED WITHIN THE CITY AND THE WATER DISTRICT City Attorney Scott Snyder noted that with this modification to the agreement Olympic View Water District has offered to abandon their prior threats'of a lawsuit. COUNCILMEMBER NOROQUIST MOVED, SECO';DED BY COUNCILMEMBER HALL, TO APPROVE SIGNING OF THE AGREE- MENT. NOTION CARRIED. COUNCIL Council President Kasper noted that the Washington Cities 9 Towns meetinc will be held in Sultan. Council President Kasper said Ruth Sater, on behalf of the Hubbard Trust, has proposed to con- struct a chapel at the cemetery at the expense of the Trust. Councilrember Nordquist recalled that the Council had discussed that issue in the past and was not interested. Council discussion ensued. The Council agreed to review the proposal with the proviso :hat the chapel would be maintained in perpetuity by the Trust. Mayor Naughten requested the City Attorney to research the zoning for the cemetery to see if a chapel is a permitted use. Councilmenber Jaech inquired if ferry personnel are continuing to park their vehicles in the holding lane adjacent to the Alaska Publishing Company. Community Services Director Peter Hahn said he did not know but would find out. Councilmember Jaech requested Staff to find out if ferry personnel could park on weekends in the temporary parking area for the treatment plant. Because Councilmember Jaech felt that Mr. Duce (item5 on the agenda) did not receive adequate notice of the SEPA decision regarding the conditional use permit for a temporary parking lot at 18300 - 16th Avenue W., she inquired how the public is notified of a SEP=. decision. City Attor- ney Scott Snyder said those decisions are published in the newspaper but City ordinance and State pR SEPA statutes do not require notification within a given spectrum. Councilmenber Jaech recormer.d- `Jr ed that a Council Committee discuss a better notification system when a SEPA decision is rendered so that adjacent property owners are aware of a decision and have an c,Dportunity to appeal if they so desire. In response to a question by Councilmember 'Filson regarding the Council salary ordinance, Mr. Snyder recommended that the Council take action before the November ballc=. Councilmenber Hertrich suggested that Council salaries be at the same le:ei. Mr. .Snyder said he would discuss that issue at a future .cork meeting. The meeting adjourned at 9:43 p.m. THESE M!;;UTES ARE SUBJECT TO AUGUST 1, 1989 APPROVAL. JA UELINE�GARRETT, City Clerk RY SCAAUGHTENJ, ayo EDMONDS CITY COUNCIL MINUTES Page 9 July 25, 1989 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JULY 25, 1989 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JULY 18, 19E9 (C) PROPOSED ORDINANCE 2727 REPEALING EDMONDS CITY CODE CHAPTER 4.10 REGARDING TOW TRUCKS (D) PROPOSED ORDINANCE 2728 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 19-05 RELATING TO ENGINEERING REVIEWS AND COSTS (E) AUTHORIZATION FOR MAYOR TO SIGN CONSULTANT SERVICES AGREEMENT WITH LEE JOHNSON _& ASSOCIATES FOR BRACKETT'S LANDING JETTY IMPROVEMENTS (F) AUTHORIZATION TO REPLACE HOT WATER BOILER AT FRANCES ANDERSON CENTER ($41,800 APPROX.) (G) APPROVAL OF FINAL PLAT OF HARBOR HILLS (H) APPROVAL OF TRANSFER OF $24,000 FROM FUND 412 TO FUND 112 IN CONNECTION WITH PHASE I OF 1989 OVERLAY PROGRAM (I) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO APPEAL OF HEARING EXAMINER AND ARCHITECTURAL DESIGN BOARD DECISIONS REGARDING PROPOSED APARTMENT BUILDING AT 633 GLEN ST. (CU-22-89/ AD3-17-89) (APPELLANT: JACK VANDEMAN / APPLICANT: JAMES SMITH) (J) ACCEPTANCE OF UTILITY EASEMENT FROM RODNEY R. AND DOLORES E. COTTINGHAM FOR STORM SEWER ACROSS '026 CASCADE LANE (K) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JOHN B. AND WANDA L. FLEMING ($724.80) 2. CWC-HDR MONTHLY REPORT 3. REVIEW AND APPROVAL OF EDMONDS CHAMBER 0= COMMERCE 1989 FUNDS REQUEST FOR COMMUNITY EVENTS AND PROJECTS (ORIGINALLY REQUESTED DURING 1989 BUDGET DDISCUSSIONS) 4. COUNCIL REVIEW OF CENTENNIAL PLAZA PROPOSALS 5. PROPOSED REJECTION OF UNTIMELY APPEAL RE%ARDING CONDITIONAL USE PERMIT FOR TEMPORARY PARKING LOT AT 18300 76TH 'VE. W. FOR LYNNWOOD WASTEWATER TREATMENT PLANT CONSTRUCTION (CU-35-89) 6. PROPOSED ORDINANCE 2729 AMENDING EDMONDS.CITY CODE SECTION 4.80.020 EXTENDING THE USE CATEGORIES FOR AIRCRAFT LANDING PERMITS 7. REVIEW CIF COMPENSATORY TIME POLICY RELATING TO EXEMPT EFIPLOYEES 8. REVIEW OF LIBRARY PLAZA MEETING ROOM RENTAL FEES 9. REVIEW OF THREE ROAD CHANNELIZATION REVISION PROJECTS 10. PROPOSAL TO CALL FOR BIDS FOR RESCUE BOAT 11. PROPOSED ORDINANCE 2730 AMENDING 1989 BUDGET AS RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS 12. PROPOSED MODIFICATION OF AGREEMENT WITH OLYMPIC VIEW WATER DISTRICT FOR FURNISHING WATER TO PROPERTIES LOCATED WITHIN THE CITY AND THE WATER DISTRICT 13. MAYOR 14. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE (10 MINUTES) (15 MINUTES) (30 MINUTES) (15 MINUTES) (10 MINUTES) (30 MINUTES) (15 MINUTES) (20 MINUTES) (10 MINUTES) ( 5 K7NUTES) ( 5 MINUTES)