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07/16/1991 City CouncilTHESE MINUTES SUBJECT TO JULY 23, 1991 APPROVAL EDMONDS CITY COUNCIL MINUTES JULY 16, 1991 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 Jeff Palmer, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember rnNSFNT AgMA ABSENT STAFF William Kasper, Robert Chave, Planning Div. Mgr. Councilmember Bob Alberts, City Engineer Chuck Day, Accounting Manager Dan Prinz, Police Chief Peter Hahn, Comm. Svc. Director Buzz Buzalsky, Fire Chief Jeff Wilson, Planning Spvr. Brent Hunter, Personnel Manager Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO RESCHEDULE ITEMS (8) [APPROVAL OF MINUTES OF JULY 2, 19911, (J) [AUTHORIZATION FOR MAYOR TO SIGN AMENDED CONTRACT WITH PATHWAYS FOR WOMEN, AND (K) [ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEALS OF ARCHITEC- TURAL DESIGN BOARD DECISIONS REGARDING ROOFTOP EQUIPMENT ON APARTMENT BUILDING AT 207 SECOND AVE. N. (APPELLANTS: RESIDENTS OF HARBORMASTER CONDOMINIUM/FILE AP-3-91; AND RICHARD SANDERS FOR DELL LOWELL AND DOUGLAS HERMAN/FILE AP-7-911 TO AUGUST 6, 1991 AND ITEM #8 ON THE REGULAR AGENDA (RE- VIEW AND REQUEST FOR APPROVAL OF DEPUTY CITY CLERK JOB DESCRIPTION) TO THE JULY 23, 1991 REGULAR AGENDA. Councilmember Palmer recognized that these items would require some discussion, and his motion was made because of time restraints. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. (Item (D) was reconsidered later in the evening but -was ap- proved.) The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LEE WILLEIKSEN ($378.70), B. SHERMAN TILLEY ($378.70), JAMES A. JENSEN ($378.70), PAUL A. REEVES ($1,771.99), GLEN L. MEIDE ($378.35), JOHN D. STUMPF ($351.65), MARK AND YARDENA VANDEYACHT ($75,000), AND MARIE T. EIDE ($465+) (D) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH MICHAEL J. STEER FOR USE OF MOTORCYCLE (E) APPROVAL OF MEBT PLAN AMENDMENT REGARDING TEMPORARY EMPLOYEES (F) REPORT ON BIDS OPENED JULY 8, 1991 FOR ONE FLATBED AND ONE SERVICE BODY TO BE MOUNTED ON WATER/SEWER AND STREET REPLACEMENT TRUCKS, AND AWARD OF CONTRACT TO ALLIED BODY WORKS, INC. ($8,215.63, INCLUDING SALES TAX) (G) REPORT ON BIDS OPENED JUNE 25, 1991 ON RESURFACING OF TENNIS COURTS, AND AWARD OF (J�`y CONTRACT TO MID -PACK CONSTRUCTION ($19,908.00, INCLUDING SALES TAX) (H) ADOPTED ORDINANCE 2842 PROVIDING 5.5% INCREASE IN PLANNING PROCESS FEES SET FORTH IN 9,t�EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 15.00.020(A) i (I) ADOPTED ORDINANCE 2843 ADDING CHAPTER 4.85 TO EDMONDS CITY CODE REGARDING HORSE TAXIS % (L) ACKNOWLEDGMENT OF RECEIPT OF LID PETITION FOR SANITARY SEWERS IN VICINITY OF 220TH ST. LID S.W. AND 92ND AVE. W., AND AUTHORIZATION TO START LID PROCESS M) ADOPTED ORDINANCE 2844 AMENDING ORDINANCE 2834, VACATING PORTION OF EASTERLY 25 FEET OF BEESON PL. RIGHT-OF-WAY (ABRAMS) �(N) ADOPTED ORDINANCE 2845 VACATING PORTIONS OF UNDEVELOPED RIGHTS -OF -WAY OF 218TH ST. S.W. AND 219TH ST. S.W., EAST OF 76TH AVE. W. (BRIAR DEVELOPMENT/TOP FOODS AND STE- VENS MEMORIAL HOSPITAL) AUDIENCE Mayor Naughten opened the audience portion of the meeting. Ned Laurine, 1233 - 7th Ave. S., was disturbed that Chase Lake Park has not been maintained in a proper manner since its recent opening. He said even though the project was a joint venture between the County and the City of Edmonds, the County has shown no interest in maintaining the park either. He believed the City should maintai.n projects that it expends public funds on. James Allen, 832 Cary Rd., said it has become apparent to him that the Council is unable to ad- dress a problem he brought to their attention six weeks ago regarding the storage of large motor homes on residential property because there is no ordinance in effect at the present time which gives Staff the authority to take any action. Mr. Allen noted that he had written a letter to the Council suggesting that they address the problem, and he thanked Councilmember Dwyer for the written response. Mr. Allen read a petition signed by forty residents as follows: "We feel that the growing number of large recreational vehicles parked in residential neighborhoods within the City of Edmonds are creating problems that the City cannot control under existing law. We, therefore, petition the Edmonds City Council to investigate the safety, visual pollution and financial impact on property values of large recreational vehicles parked in residential neighborhoods within the City in order to determine the best method of regulating parking of those vehicles". Mr. Allen suggested that the Council refer the matter to the Planning Board with instructions to draft an ordinance for submittal to the Council or a written explanation of why an ordinance should not be drafted. Mr. Allen submitted the petition to the City Clerk. Rich Demeroutis, 921 Pine St., inquired why Mayor Naughten declined to meet with him with the media present in the recent past but consented to an interview on KING 1090. Mayor Naughten clarified that he had told Mr. Demeroutis that he was willing to meet with him without the press present at that time. Mr. Demeroutis said he had a flyer available to anyone who was interested that contained document- ed statements made by Mayor Naughten with regard to his past position on the tenure of the may- or's position. Mr. Demeroutis inquired how the letter originated that he received on July 8, 1991 regarding signs on 9th Avenue. Mayor Naughten said the letter was sent to Mr. Demeroutis because the City received several complaints from citizens about the signs that Mr. Demeroutis had erected. Mayor Naughten noted that the signs were in violation of the City's Code. Mayor Naughten said he thought it was amusing that Mr. Demeroutis has appeared before the Council for several weeks asserting that the Mayor must adhere to the laws that are presently on the books but, yet, Mr. Demeroutis chooses to ignore that he is in violation of the sign code. Mr. Demeroutis said he was not in violation of the code because the letter he received did not speci- fy a date by which the signs should be removed. Mayor Naughten said he thought Mr. Demeroutis was "playing games". As a courtesy to the people in attendance for the hearings, COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO REORDER THE AGENDA AND MOVE ITEM #3 (INSTRUCTIONS TO CITY ATTORNEY REGARDING PROSECUTION OF VIOLATORS OF CITY LAW LIMITING MAYORAL TERMS) AFTER ITEM #5 (HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING EXPANSION OF EDGEWOOD BAPTIST CHURCH AT 20406 - 76TH AVE. W. (APPELLANT: LEE KIRK, AGENT FOR EDGEWOOD BAPTIST CHURCH/AP-10-91/CU-11-90/CU-12-91). CONTINUED HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING EXPANSION OF EDGEWOOD BAPTIST CHURCH AT 20406 - 76TH AVE. W. APPELLANT: GLORIA S. KENNEDY/AP-6-91/CU-12-91 Planning Supervisor Jeff Wilson reported that the Hearing Examiner issued his decisions on May 17, 1991 regarding the two conditional use permit applications submitted by Edgewood Baptist Church. On May 31, 1991, Gloria Kennedy filed an appeal of the Hearing Examiner's decision and simultane- ously requested that the Hearing Examiner reconsider certain Findings of Fact and Conclusions contained in his report. The Hearing Examiner issued a revised report which contained amended EDMONDS CITY COUNCIL MINUTES Page 2 July 16, 1991 Findings of Fact and Conclusions on June 12. The issuance of a revised report by the Hearing Examiner required a new appeal period, which necessitated the continuation of the July 2 Council hearing on this item to July 16. Mr. Wilson said subsequent to the issuance of the revised decision by the Hearing Examiner and prior to the expiration of the new appeal period, the Planning Division received a new letter of appeal on June 25 which was submitted by Alan Vadset. The Planning Division has considered this new letter of appeal to be a supplement to the original letter of appeal submitted by Ms. Kennedy. The issues of the appeal are as follows: Kennedy - 1) access of the church property to the west (77th Street); 2) location of fence. Vadset - 1) approval of off-street parking agreement between the church and the School Dis- trict. Agreement should contain language to ensure that all the required parking is provided on site should the agreement be terminated; 2) condition should be added requiring a maximum "seated" capacity for both the church and the multipurpose facilities to allow for easier compliance inspections; 3) decision of the Hearing Examiner not to require the church to dedicate additional right-of-way of 10 feet along the subject property's frontage on 203rd Street Southwest; 4) fence adjacent to the Neil property line should be required to be completed prior to final approval of occupancy of the new addition; 5) potential fence adjacent to the Vadset property line which is required to be con- structed by the Vadsets and which may require a variance should not be associated with the church's proposed addition; 6) requirement that all new fence construction by the church adjacent to the parking lots should be based on the parking to ensure maximum privacy for adjacent property owners; 7) the church should be required to maintain all fences adjacent to residential prop- erties in an "intended use condition". The church should be held responsible for repairing or replacing fences as appropriate; 8) the conditions relating to vehicular access to 77th should relate to the church's "west" parking lot, and the restriction on access to 77th should be restated as follows, "The driveway connecting from the west parking lot to 77th Avenue West shall be used for emergency access only and shall have a locFe gate at all times". Mr. Wilson said the conditions of Staff regarding the issues of appeal raised by Ms. Kennedy is that those issues appear to have been adequately addressed by the Hearing Examiner in his revised decision of June 12, 1991. Staff, however, does find that the issues raised by Mr. Vadset have merit and that action should be taken to correct the Hearing Examiner's decision. It is Staff's opinion that correction of the Hearing Examiner's decision would not materially change the abili- ty of the applicant,to proceed with the project but, rather, would merely clarify certain issues. Mr. Wilson said it is the recommendation of Staff to amend the decision of the Hearing Examiner to reflect the corrections requested by Mr. Vadset. Mayor Naughten opened the public portion of the hearing. Gloria Kennedy, 7631 - 203rd St. S.W., said she and her neighbors were concerned that the quality of their quiet, single-family residential area will be significantly impacted by expansion of the church. In order to impress upon the church the necessity to monitor its members, she said the neighbors wanted every detail of the church's responsibilities written, and not just verbally agreed upon, and penalties such as cancelling the use of the recreational facility for failure to abide by the agreement. Lee Kirk, 19037 N. 167th Street, Woodinville, architect for Edgewood Baptist Church, said the church has been in contact with the neighbors and was not opposed to the concept of the clarifica- tions. He did express a concern with regard to item #1 of Mr. Vadset's issues of appeal because he believed it was overly stringent when considering that parking on adjacent property would be utilized. Mr. Kirk also expressed concern with respect to item #8. He referred to the site plan and explained that there is a large parking lot on the south elevation, and the church has agreed to lock the gate permanently for emergency access only, but he said it would be unreasonable to lock access to the west because it would render the small parking lot on the north elevation useless. Mr. Kirk requested that the conditions relating to vehicular access to 77th relate strictly to the south parking lot. Councilmember Hertrich inquired if code requirements have been met with respect to parking. Mr. Kirk replied affirmatively. Councilmember Hertrich inquired if the church was requesting use of on -street parking. Mr. Kirk replied negatively. He said ample parking will be provided on site, across the street at the elementary school, and at the junior high school. Councilmember EDMONDS CITY COUNCIL MINUTES Page 3 July 16, 1991 Hertrich inquired if the church meets at times when off -site parking would not be available. Mr. Kirk replied negatively. Al Vadset, 20415 - 77th Ave. W., said the concern of neighbors was that the proposal, if ap- proved, would grant a variance for approximately half of the required parking to be off -site, and the neighbors suspected that church patrons will have a tendency to park on adjoining streets closer to the church rather than park two blocks away in designated parking areas. Mr. Vadset was concerned that the congregation will exit from the south parking lot onto 203rd Street. Mr. Vadset requested that he be allowed to extend the height of the fence on his property should he desire to in the future, and that the church dedicate 10 feet on 203rd Street to comply with the City's street standards of 50 feet. Councilmember Palmer inquired if Mr. Vadset would be satisfied if an agreement were reached where- by parking would be provided on site or by contract approved by the City if the agreement for parking with the church and School District were ever terminated. Mr. Vadset said he would be amenable to such an agreement if public input was solicited. Don Lashua, 2317 - 231st P1. S.W., Chairman of Edgewood Baptist Church, said the church maintains a portion of 203rd Street and a 10 foot dedication of 203rd Street would be available upon re- quest of the City. Councilmember Hertrich inquired if parking would be impacted on site when expansion was complet- ed. Mr. Lashua replied negatively. He explained that the activities that will occur at the expanded site take place at the junior high school at the present time, but the participants of those activities are primarily young people who do not drive.. City Attorney Scott Snyder noted that there was no provision in the Hearing Examiner's report to waive any dedication requirement. He said the conditional use permit was for grading, and the requirement of dedication is typically a Staff decision, which was unrelated to the project and, therefore, the issue was not before the council. Rick Post, 20514 - 76th W., said egress from the condominium in which he lives is a hazardous situation because cars parking along the street obstruct visibility. He said restricted parking within 100 feet of the condominium entrance would improve conditions. Mr. Post said many church patrons do not park in the south parking lot of the church because they do not wish to wait in line to exit the parking lot and also because visibility is poor. . Ms. Kennedy concurred that it is hazardous to enter onto 76th Street because of the volume of traffic and view obstruction caused by parked cars on the street. Mayor Naughten closed the public portion of the hearing. Councilmember Hertrich was concerned that a problem may arise if parking were eliminated on 76th Street in the future because church patrons who presently park on 76th Street would be displaced and he wondered where they would park. Mr. Snyder noted that Chapter 20.30 provides for joint use of parking. He said if alternative site parking by contract lapses, the code allows ninety days to correct the deficiency and if it is not corrected, the portion of the structure causing the deficiency must be vacated. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE HEARING EXAMIN- ER'S RECOMMENDATION AMENDED TO INCLUDE THE CONDITIONS WITH THE FOLLOWING CHANGES: 1) DELETE ITEM #3 OF MR. VADSET'S ISSUES OF APPEAL BECAUSE IT IS NOT PART OF THE HEARING EXAMINER'S DECISION; 2) REFERENCE THE SOUTHWEST ENTRANCE/EXIT RATHER THAN THE WEST PARKING LOT IN ITEM #8 OF MR. VADSET'S ISSUES OF APPEAL; AND 3) REFER TO CHAPTER 20.30 IN ITEM #1 OF MR. VADSET'S ISSUES OF APPEAL. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AMEND THE MOTION TO INSTRUCT STAFF TO INCLUDE DEDICATION OF 10 FEET ON 203RD ST. MOTION CARRIED. THE MAIN MOTION CARRIED. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO PROVIDE BETTER SITE DISTANCE AT THE ENTRANCES OF THE DRIVEWAYS TO ELIMI- NATE THE SAFETY PROBLEM. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 4 July 16, 1991 �' HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING EXPANSION OF EDGEWOOD BAPTIST CHURCH AT 6 K, AG f -10-91 -11-90 U-12-91 z Planning Supervisor Jeff Wilson reported that the appellant submitted to the Planning Division on June 27, 1991 a letter of appeal of the Hearing Examiner's revised decision of June 12, 1991. Review of the appeal letter by Staff has lead to the conclusion that the intent of the letter was to have certain Findings of Fact clarified rather than an actual appeal of specific conditions contained in the decision. Therefore, it is Staff's opinion that the appropriate venue for cor- recting the Findings of Fact rests with the Hearing Examiner. Mr. Wilson noted that the Council could either remand Mr. Kirk's letter of June 27, 1991 to the Hearing Examiner for reconsideration of the two disputed Findings of Fact or dismiss Mr. Kirk's appeal as not having a basis for appeal as set forth in the ECDC Sections 20.105.010(C) and 20.105.020(A). Mr. Wilson said it was the recommendation of Staff to dismiss the appeal. Lee Kirk, 19037 N.E. 167th St., Woodinville, representing Edgewood Baptist Church, said the church would drop the appeal if it could be convinced that the church would not be .put in a posi- tion of being precluded from utilizing the sanctuary and multipurpose room concurrently. City Attorney Scott Snyder suggested that the Council instruct him to include language to that effect in the Findings of Fact. . Mayor Naughten closed the public portion of the hearing. Upon the advice of Mr. Snyder, Mayor Naughten reopened the public portion of the hearing. Don Lashua, 2317 - 231st Pl. S.W., Brier, Chairman of Edgewood Baptist Church, expressed concern regarding the Hearing Examiner's Finding #14 for the conditional use permit. He said the purpose of expanding the church was to utilize. the addition for Sunday school classes. He noted that classes would occur at the same time Sunday worship took place in the sanctuary. He was con- cerned that the addition could not be utilized for its intended purpose if it was defined as not being used concurrently. Mr. Snyder noted that the conditional use permit was already granted and concurrent use would not violate any code provisions. Margaret Smith, 606 Sunset, believed that a.20 foot setback for a stop sign or an intersection was sufficient anywhere within the City, including the church, and that anything in excess of 20 feet was ridiculous. Mayor Naughten closed the public portion of the hearing. Councilmember Hertrich expressed concern that the applicants had revised their position regarding not scheduling events in the church and Fellowship Hall concurrently, but the Hearing Examiner has included that provision in his Findings. Councilmember Dwyer noted that the Hearing Examiner did not make that a condition of issuing the conditional use permit and, therefore, the Council could conclude that the Hearing Examiner did not place great reliance on the scheduling of events. Mr. Snyder noted that the parking requirement was based on square footage, and there was no provi- sion in the code prohibiting the church from utilizing both sites for parking at that level. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER- WILSON, TO DISMISS THE APPEAL AND INSTRUCT THE CITY ATTORNEY TO DELETE FINDING OF FACT #14 WHEN THIS AND THE PREVIOUS MATTER COME BACK TO THE COUNCIL FOR FINAL APPROVAL ON THE CONSENT AGENDA. MOTION CARRIED. INSTRUCTIONS TO CITY ATTORNEY REGARDING PROSECUTION OF VIOLATORS OF CITY LAW LIMITING MAYORAL TERMS WY Councilmember Palmer stated that the City Council was served with a lawsuit filed by Mayor Naught - en in the Supreme Court with regard to the limitation of the mayoral term. He said the Council 3 must act quickly to secure a reasonable level of legal representation. COUNCILMEMBER PALMER MOVED THAT THE COUNCIL DESIGNATE A COMMITTEE CONSISTING OF JOHN NORDQUIST, JO-ANNE JAECH, AND JACK WILSON TO INTERVIEW THE FIRMS THAT WERE PRESENT IN AN EXECUTIVE SESSION AND RETURN TO THE DAIS WITH A RECOMMENDATION AS TO WHICH FIRM WOULD BE BEST SUITED. Councilmember Dwyer said the motion was not related to item #3. He said he did not receive any information in his packet and noted that the public was informed that item #3 was an instruction EDMONDS CITY COUNCIL MINUTES Page 5 July 16, 1991 to the City Attorney regarding prosecution of violators of City law limiting mayoral terms. Councilmember Dwyer said the lawsuit related to the general issue of mayoral terms but had noth- ing to do with item 0. He inquired when the Council would discuss item #3 and how interviewing law firms came up in lieu of item #3. Councilmember Palmer asserted that the two items were, in fact, related. Councilmember Dwyer requested the Chair to rule the motion out of order since it was not directed to item #3. Mayor Naughten ruled the motion out of order because it was not directed to item #3. Councilmember Jaech inquired if the Council had the authority to request an executive session. City Attorney Scott Snyder replied affirmatively. He noted that the Council, by a majority vote, could amend the agenda at any time and the Council was not limited to discussing items on the agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO AMEND THE AGENDA AND CALL AN EXECUTIVE SESSION TO DISCUSS A LEGAL MATTER. MOTION CARRIED. For the benefit of the public and the press, Councilmember Dwyer requested a clarification of the items that would be discussed in executive session, without going into detail. Councilmember Palmer said the discussion would entail interviewing outside Council to engage in any litigation that was necessary to uphold the City's ordinance regarding the two term limitation of the may- or. Councilmember Dwyer asserted that interviewing contractors for public work paid for by pub- lic funds was an inappropriate subject for an executive session and it should be discussed in open session. Councilmember Palmer stated that legal advice, by its very nature, was an execu- tive session item. He said the nature of the legal advice of the attorneys who were present was an integral portion of their qualifications as applicants, and the discussion was appropriate for an executive session. Councilmember Dwyer said it has been discussed that the City could expend up to $27,000 for legal representation, and he felt the Council should discuss that in an open session and not in executive session. He said it was appropriate to discuss legal advice in an executive session after someone is hired, but interviewing candidates on their qualifications should be conducted in public. In response to Councilmember Wilson, Mr. Snyder stated that formulating a legal strategy was a proper subject for an executive session. He said the Council does not have a confidentiality relationship with an attorney until he/she has been hired. Mr. Snyder stated that the Council could delegate the selection process to less than a quorum of the Council, in which case inter- views could be held at their convenience and not in a public hearing, but the terms of representa- tion must be approved in a regular session. Mr. Snyder noted that he had requested the Council to consider hiring special counsel.- He said he did not have a conflict of interest, but he would be working very closely with the incumbent Council and Mayor for the next six months and thought it would be prudent if outside counsel represented the City rather than the City Attorney's office. Councilmember Jaech said the interview would entail potential action that the Council may proceed with, and the discussion would not benefit the public. She assured the public that the Council had no intention of making a decision in an executive session as to who would be selected and what rates would be accepted. Councilmember Dwyer said the public was not served simply by knowing what the recommendation was by a hand-picked few; they were entitled to know the different proposals so they could judge for themselves the wisdom with which the Council reaches a recommendation. Councilmember Hertrich also felt that discussion of any issue beyond the parameters of item #3 was inappropriate. Councilmember Hertrich believed the involvement of either Councilmember Palmer or Councilmember Wilson in the interview process for legal counsel posed a conflict of interest because he said they may file for the office of the Mayor, and he recommended that they not participate in the selection process. Councilmember Dwyer noted that the City has an indemnification ordinance whereby the City will tender defense of an employee if an employee is named in a lawsuit stemming from their actions as an employee of the City. He believed the City Council should adhere to the same benefits they give to employees. He inquired about the maximum hourly rate at which the City would hire some- one to represent a City employee in such a capacity. Mr. Snyder said the litigation rate was approximately $105 per hour. EDMONDS CITY COUNCIL MINUTES Page 6 July 16, 1991 COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO AUTHORIZE HIRING OF AN ATTORNEY TO REPRESENT THE CITY IN THE ACTION BEFORE IT AT AN HOURLY RATE NOT TO EXCEED $105 PER HOUR. MOTION FAILED WITH COUNCILMEMBER DWYER AND COUNCILMEMBER HERTRICH IN FAVOR; COUNCILMEMBER PALMER, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON OPPOSED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO GET ON WITH THE PROGRAM AT.HAND AND THEN GO TO THE EXECUTIVE SESSION WITH THE THREE MEMBERS OF THE COUNCIL PICKED AS A COMMITTEE TO INTERVIEW THE APPLICANTS ON THIS MATTER AS PROPOSED BY COUNCIL PRESIDENT PALMER. Councilmem- ber Palmer said he had proposed Councilmember Nordquist, Councilmember Jaech, and Councilmember Wilson. Councilmember Nordquist suggested that either Councilmember Dwyer or Councilmember Hertrich serve on the committee rather than himself. Councilmember Dwyer volunteered to participate. Councilmember Palmer thought it would be inappropriate for Councilmember Dwyer to serve on the committee because he did not vote in the affirmative to uphold the ordinance that would be dis- cussed, and he felt the public would not be served by his participation. Councilmember Dwyer countered by saying someone who was not on the "band wagon" might serve the public well in moni- toring expenditures of money. Councilmember Hertrich challenged Councilmember Wilson's participation because of his potential as a mayoral candidate. Councilmember Wilson said he has not made any statements with regard to filing for the Mayor's position. Councilmember Wilson also believed it would be inappropriate for Councilmember Dwyer to serve on the committee because "he obviously condones the breaking of this ordinance --this legal law that's on the books of the City". Councilmember Palmer said he was willing to yield to Councilmember Nordquist's wish to not serve on the committee and acquiesce to Councilmember Dwyer. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. Councilmember Jaech asked Councilmember Dwyer if he has ever represented Mayor Naughten in a legal capacity. Councilmember Dwyer replied negatively. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RECESS TO THE SELECTION PROCESS FOLLOWING THE HEARINGS. MOTION CARRIED. HEARING ON PROPOSED ELIMINATION OF PARKING ON SOUTH SIDE OF CASPERS ST. BETWEEN SUNSET AVE. AND 3RD AVE. N., AND PROPOSED WALKWAY MP UEMEN 'City Engineer Bob Alberts reported that the City Council held a public hearing on March 16, 1991 on a proposed walkway along the south side of Caspers St., between Sunset Avenue and 3rd Avenue and at the conclusion of the hearing, the Council referred the proposed project to the Community Services Committee. Mr. Alberts said the Committee reviewed the project and recommended a striped walkway in the existing pavement on the south side and elimination of the parking on the south side of Caspers Street. He said the proposal would require modification to the street and installation of side- walks on both ends of the street for safety reasons. Staff proposes the work to be performed by City crews and that $5,000 be appropriated from Fund 112 ending cash balance for materials. Mr. Alberts said it is the recommendation of Staff to authorize the elimination of parking on the south side of Caspers Street, between Sunset Avenue and 3rd Avenue, and approve the project, appropriating $5,b00 from Fund 112 ending cash balance. Mr. Alberts noted that the City received a petition signed by forty-two residents asking that a sidewalk be constructed and not just striped. In response to Councilmember Wilson, Mr. Alberts said approximately eight parking spaces would be deleted if parking was eliminated on the south side of Caspers Street. Councilmember Jaech inquired if a curb would be' constructed adjacent to the striped sidewalk. Mr. Alberts replied negatively. He said buttons would probably be used to indicate that parking was not permitted. He said his preference was to construct a sidewalk, but the Committee would like to ascertain the impact of a striped sidewalk before proceeding with a full sidewalk. EDMONDS CITY COUNCIL MINUTES Page 7 July 16, 1991 Mayor Naughten opened the public portion of the hearing. Ed Caspers, 216 Caspers St., submitted a petition (marked Exhibit 1) to the City Clerk signed by thirty-one residents in opposition to narrowing Caspers Street and the elimination of any park- ing. He said a majority of the residents were opposed to a sidewalk and would prefer that Cas- pers Street was dead -ended at Sunset. Marcy Crouser, 909 - 7th Ave. N., was in support of a sidewalk on the south side of Caspers Street because it would connect with the existing sidewalk on Sunset and 3rd Avenue, providing a safe pedestrian walkway. Betty Muller, 209 Caspers St;., was in support of the proposed sidewalk. Ms. Muller was concerned about on -street parking. She said Mr. McLoughlin operates an auto re- pair and paint business out of his home on Caspers Street which is in violation of the City's code but no enforcement action. has been taken since a petition was filed by the residents last year. She said the cars that are parked in front of his home will be moved to the other side of the street if parking is eliminated on the south side. She suggested that a three-hour limit be posted on Caspers Street on the north side. Rita Thompson, 701 Hanna Park Rd., was in support of the proposal to stripe a sidewalk on the south side of Caspers Street. Margaret Smith, 606 Sunset Ave. N., said the residents who live on 2nd Avenue and Sunset Avenue were in favor of removing parking on the south side of Caspers Street because the cars create a safety hazard, and they were in favor of a sidewalk but preferred that it be located on the north side. Bob Caspers, 216 Caspers St., said there was insufficient parking for residents who live on the south side of Caspers Street. Mr. Caspers noted that the Fire Department requires a 35 foot roadway to maneuver their vehicles, but Caspers Street would be reduced to 30 feet 3 inches if the sidewalk were put in. Councilmember Palmer inquired if the 7 foot right-of-way owned by the City on the north side of Casper Street was factored into Staff's recommended proposal. Mr. Alberts replied negatively. He said, however, at the March presentation Staff mentioned the large amount of landscaping on the north side. Councilmember Palmer inquired about the merits of parking on the north side of Caspers Street with a limited time period. Mr. Alberts said he has considered that option but has not come forth with a proposal because he was not yet able to determine how many vehicles that park for long periods of time on Caspers Street emanate from ferry -related and residential -related vehi- cles. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST FOR DISCUSSION, TO APPROVE THE SIDEWALK ON THE SOUTH SIDE AS DESIGNATED BY STAFF WITH THE TEMPORARY STRIPING AND ELIMINATE PARK- ING ON THE SOUTH SIDE, AND RESTRICT PARKING HOURS ON THE NORTH SIDE, AS DETERMINED BY STAFF. Councilmember Nordquist inquired about the time frame in which to determine the efficacy of the temporary sidewalk. Councilmember Hertrich thought six months would be appropriate. Because the petition indicated the various locations of some of the signing residents, Councilmember Nord- quist said it behooved the City to develop a color -coded map to determine the impact of the project. COUNCILMEMBER HERTRICH SUGGESTED, AS PART OF THE MOTION, THAT ANOTHER PUBLIC HEARING BE HELD ON THE MATTER FOR REVIEW IN SIX MONTHS. COUNCILMEMBER NORDQUIST AGREED. MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. He said he did not have a feel of what the majority of the people who live in the area want, and he was disturbed by the distribution of addresses on the petition. Councilmember Nordquist requested the Mayor to look into the complaint that was filed by resi- dents last year with respect to the auto body business. EDMONDS CITY COUNCIL MINUTES Page 8 July 16, 1991 HEARING ON PROPOSED ANNEXATION OF PROPERTY LOCATED NORTH OF 220TH ST. S.W., BETWEEN 92ND AVE. W. AND THE EXISTING Y LIMITS TO THE NORTH AND E KL L -1-91 Planning Supervisor Jeff Wilson reported that on July 2, 1991, the City Council held a study session with the proponents of the proposed annexation to discuss the boundaries of the proposed annexation area, the zoning for the area, and whether or not the proposed annexation would be subject to the bonded indebtedness of the City. The Council, after discussion with the propo- nents, determined that the proposed annexation boundaries should be enlarged to incorporate the entire 220th Street Southwest right-of-way between the existing City limits to the west and the east. The Council also determined that the area should be subject to the bonded indebtedness of the City; however, the City does not currently have any. Finally, the Council determined that the zoning for the proposed annexation should be designated as RS-8, which is comparable to the County's current designation of R-8400. Mr. Wilson said it was the recommendation of Staff to authorize the Planning Division to create the final annexation petition and distribute it to the proponent for circulation in the proposed annexation area. Said petition shall include the boundaries as shown on Exhibit 2 in the Council packet; will state that the annexation area shall be subject to the City's RS-8 zoning designa- tion; and that said annexation area shall be subject to the current bonded indebtedness of the City. Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE THE PLANNING DIVI- SION TO CREATE THE FINAL ANNEXATION PETITION AND DISTRIBUTE IT TO THE PROPONENT FOR CIRCULATION IN THE PROPOSED ANNEXATION AREA. SAID PETITION SHALL INCLUDE THE BOUNDARIES AS SHOWN ON EXHIBIT 2; WILL STATE THAT THE ANNEXATION AREA SHALL BE SUBJECT TO THE CITY'S RS-8 ZONING DESIGNATION; AND SAID ANNEXATION AREA SHALL BE SUBJECT TO THE CURRENT BONDED INDEBTEDNESS OF THE CITY. MOTION CARRIED. The Committee recessed to an executive session at 8:50 p.m. to interview five legal firms and reconvened at 10:50 p.m. As a procedural matter, Mayor Naughten adjourned the meeting. COUNCILMEMBER PALMER MOVED, SECOND- ED BY COUNCILMEMBER JAECH, TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Jaech said the Committee narrowed the selection of the law firm to Riddel, Wil- 3a72A,,,k) liams, Bullitt & Walkinshaw or Lane Powell. Riddell Williams was willing to offer a cap of 150 hours at a blended rate of $125 per hour, and Lane Powell estimated between 60 to 75 hours at a rate of $105 per hour. Councilmember Jaech noted that Riddell Williams is currently representing Oxford House, which is in litigation with the City of Edmonds, but the firm received a waiver from Oxford House and the attorneys who may represent the City are not involved in the Oxford House lawsuit. Councilmember Dwyer recommended Lane Powell because he thought the attorney representing that firm had sound professional and business reasons to accept the hourly rate of $105 per hour and the firm also represented an initiative in a direction action in the Supreme Court which the Seattle City Comptroller refused to put on the ballot, and the facts of that case closely paral- lel the case before the Council. In addition, Councilmember Dwyer felt Riddell Williams' associa- tion with Oxford House was an impediment. Councilmember Wilson recommended Riddell Williams because he felt they had a clear understanding of strategies; they were aggressive; and they have prevailed in cases before the State Supreme Court. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO RETAIN RIDDELL, WILLIAMS, BULLITT, AND WALKINSHAW TO REPRESENT THE CITY IN THE LAWSUIT FILED BY MAYOR NAUGHTEN AND PROCEED AS QUICKLY AS POSSIBLE BECAUSE THE NEED TO PROCEED QUICKLY WAS VERY PREVALENT. MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. (Councilmember Hertrich did not verbally respond.) COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO WAIVE ANY CONFLICT WITH THE OX- FORD HOUSE.ISSUE THAT IS BEFORE A DIFFERENT PART OF THE LAW FIRM. MOTION CARRIED WITH COUNCILMEM- BER HERTRICH ABSTAINING. He said the issue would not be before the Council if they had voted in favor to put the issue of the two -term limitation on the ballot. He felt the citizens of Edmonds were being left out of the issue, and that the City was needlessly expending public funds. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO INSTRUCT THE CITY ATTORNEY TO TAKE NO ACTION AND INCUR NO EXPENSE IN OPPOSITION TO THE ORDINANCE. EDMONDS CITY COUNCIL MINUTES Page 9 July 16, 1991 Councilmember Dwyer said he would vote against the motion because he thought it was professional- ly insulting. He said if he were the City Attorney he would bristle, but since it was not Mr. Snyder's nature to bristle, he would do so for him. Councilmember Palmer said the motion was not intended to insult the City Attorney. He noted that Mr. Snyder had related in a recent memoran- dum his general rules of processing requests from individual employees, and Councilmember Palmer simply wished to preclude Mr. Snyder from expending even one hour with Mayor Naughten if Mayor Naughten approached him for legal advice. Mayor Naughten stated that he made an agreement with Mr. Snyder not to seek legal advice from him on this issue. COUNCILMEMBER WILSON WITHDREW THE SECOND TO THE MOTION. BASED ON THE MAYOR'S STATEMENT, COUNCIL - MEMBER PALMER WITHDREW THE MOTION. MAYOR Mayor Naughten invited the Council to attend a meeting with the Legislative Transportation Commit- tee on Wednesday at 9 a.m. for a tour of the Unocal property. .� Mayor Naughten said he would recommend approval of a liquor license for Chanerelle's if the Coun- cil did not object. No objection was noted. Mayor Naughten said Staff will meet with Congressman John Miller on July 24 at 3:30 p.m. to dis- cuss the environmental impacts of the Perrinville postal site. COUNCIL Council President Palmer said the Boundary Review Board will be reviewing the 52nd Street bounda- ry of the Lynnwood annexation on Wednesday and will discuss a possible revision. Council President Palmer said relocation of Fire Station No. 6 was discussed at the last Public Safety Committee meeting. He noted that the Council may want Fire Chief Buzalsky to review the possibility of a northern annexation. Councilmember Wilson believed that Chief Buzalsky would strongly recommend that the primary location be farther north when Fire Station 2 is altered. Council President Palmer referred to a letter from Gladys and John Vordahl regarding the lack of design standards for water meters and water lines for short plats. He suggested that the Communi- ty Services Committee review that issue. Council President Palmer noted that the Council Assistant provided the Council with a memorandum and a copy of the Regional Council Interlocal agreement and proposed amendment. He said he re- quested the City Clerk to invite the key speaker to the July 23rd Council meeting. With respect to the Drug Fund audit, Council President Palmer was concerned that a few of the components were vague with respect to exactly what constituted the depth of the audit. He sug- gested that the Council discuss a refinement of that process. Council President Palmer noted that he included a copy of a memorandum in the Council packets from Administrative Services Director Art Housler regarding the EMS levy amount of $.32 per $1,000. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RECONSIDER ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH MICHAEL J. STEER FOR USE OF MOTORCYCLE [ITEM (D) x, ON THE CONSENT AGENDA Councilmember Hertrich did not believe the City should insure a privately -owned vehicle on a full-time basis. City Attorney Scott Snyder explained that the motorcycle was the first Kawasaki that the City purchased and Officer Steer had restored it. He said Officer Steer was willing to make it available to the City at any time if the City would insure it, and he was willing not to use it privately. COUNCILMEMBER HERTRICH MOVED TO NOT INSURE THE MOTORCYCLE FULL-TIME BUT THAT THE CITY REACH AN AGREEMENT TO PROVIDE SOME COVERAGE WHEN IT IS USED FOR CITY FUNCTIONS. Mr. Snyder said insurance coverage on a temporary basis could be expensive. MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (D). MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. Councilmember Wilson urged the Council to rethink their position with respect to a letter from Richard Sanders dated July 1st regarding the 2nd and Bell issue. Mr. Snyder said the Findings 4 7, EDMONDS CITY COUNCIL MINUTES Jam' Page 10 July 16, 1991 of Fact would appear on the August 6 agenda. He recalled that the Council seemed to rely heavily upon the legislative history of the height limit as one of the grounds for denying the project. He strongly recommended, if the Council decided to reconsider the issue, that the hearing be reopened for the limited purpose of entering the minutes in the record from the Council's discus- sion at the time the height limitation was passed because there was no testimony or information regarding the legislative history during the hearing. It was the consensus of the Council to discuss what actions, if any, to take on August 6. Councilmember Dwyer noted that the City's response to a person's question on barking dogs was discussed at the SnoCom meeting. He proposed using fax machines for non -emergency dispatches so that the 911 system is available for only an emergency nature. Councilmember Wilson suggested that the City separate the emergency 911 calls by having people dial E-D-M-O-N-D-S. The Council recessed to an executive session at 11:21 p.m. and adjourned thereafter. THESE MINUTES ARE SUBJECT TO JULY 23, 1991 APPROVAL. THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. ACQ LINE G. PARRETT, City Clerk 0 �Om/ ..h; . � . . EDMONDS CITY COUNCIL MINUTES Page 11 July 16, 1991 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JULY 16, 1991 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL. (B) APPROVAL OF MINUTES OF JULY 2, 1991 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LEE WILLEIKS£N ($378.70), B. SHERMAN TILLEY ($378.70), JAMES A. JENSEN ($378.70), PAUL A. REEVES ($1,771.99), GLEN L. MEIDE ($378.35), JOHN D. STUMPF ($351.65) MARK AND YARDENA VANDEYACHT ($75.000). AND MARIE T. EIDE ($465+). (0) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH MICHAEL J. STEER FOR USE OF MOTORCYCLE (E) APPROVAL OF MEET PLAN AMENDMENT REGARDING TEMPORARY EMPLOYEES (F) REPORT ON BIDS OPENED JULY 8. 1991 FOR ONE FLATBED AND ONE SERVICE BODY TO BE MOUNTED ON WATER/SEWER AND STREET REPLACEMENT TRUCKS, AND AWARD OF CONTRACT TO ALLIED BODY WORKS, INC. ($8,215.63. INCLUDING SALES TAX) (G) REPORT ON BIDS OPENED JUNE 25. 1991 ON RESURFACING OF TENNIS COURTS, AND AWARD OF CONTRACT TO MID -PACK CONSTRUCTION ($19,908.80) INCLUDING SALES TAX (H) PROPOSED ORDINANCE 2842 PROVIDING 5.5% INCREASE IN PLANNING PROCESS FEES SET FORTH IN EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 15.00.020(A) (I) PROPOSED ORDINANCE 2843 ADDING CHAPTER 4.85 TO EDMONDS CITY CODE REGARDING HORSE TAXIS (J) AUTHORIZATION FOR MAYOR TO SIGN AMENDED CONTRACT WITH PATHWAYS FOR WOMEN (K) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEALS OF ARCHITECTURAL DESIGN BOARD DECISIONS REGARDING ROOFTOP EQUIPMENT ON APARTMENT BUILDING AT 207 SECOND AVE. N. (APPELLANTS: RESIDENTS OF HARBORMASTER CONDOMINIUM/FILE AP-3-91; AND RICHARD SANDERS FOR DEL LOWELL AND DOUGLAS HERMAN/FILE AP-7-91) (L) ACKNOWLEDGMENT OF RECEIPT OF LID PETITION FOR SANITARY SEWERS IN VICINITY OF 220TH ST. S.N. AND 92NO AVE. W., AND AUTHORIZATION TO START LID PROCESS (M) PROPOSED ORDINANCE 2844 AMENDING ORDINANCE 2834. VACATING PORTION OF EASTERLY 25' of BEESON PL. RIGHT-OF-WAY (ABRAMS) (N) PROPOSED ORDINANCE 2845 VACATING PORTIONS OF UNDEVELOPED RIGHTS -OF - WAY OF 218TH ST. S.W. AND 219TH ST. S.W., EAST OF 76TH AVE. W. (BRIAR DEVELOPMENT/TOP FOODS AND STEVENS MEMORIAL HOSPITAL) 2. AUDIENCE 3. INSTRUCTIONS TO CITY ATTORNEY REGARDING PROSECUTION OF VIOLATORS OF (10 MINUTES) CITY LAW LIMITING MAYORAL TERMS 4. CONTINUED HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING (15 MINUTES) EXPANSION OF EDGEWOOD BAPTIST CHURCH AT 20406 76TH AVE. W. (APPELLANT: GLORIA S. KENNEDY/AP-6-91/CU-12-91) 5. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING EXPANSION OF (15 MINUTES) EDGEWOOD BAPTIST CHURCH AT 20406 76TH AVE. W. (APPELLANT: LEE KIRK, AGENT FOR EDGEWOOD BAPTIST CHURCH/AP-10-91/CU-11-90/CU-12-91) 6. HEARING ON PROPOSED ELIMINATION OF PARKING ON SOUTH SIDE OF GASPERS ST. (20 MINUTES) BETWEEN SUNSET AVE. AND 3RD AVE. N., AND PROPOSED WALKWAY IMPROVEMENTS 7. HEARING ON PROPOSED ANNEXATION OF PROPERTY LOCATED NORTH OF 220TH ST. (15 MINUTES) S.W., BETWEEN 92NO AVE. W. AND THE EXISTING CITY LIMITS TO THE NORTH AND EAST (ASKLUND, ET AL./FILE AX-1-91) 8. REVIEW AND REQUEST FOR APPROVAL OF DEPUTY CITY CLERK JOB DESCRIPTION (10 MINUTES) 9. MAYOR 10. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE